Saturday, February 26, 2011

Smoker agrees to pay neighbours $2,000 every time he has a cigar at home

A New York man agreed to pay $2,000 to his neighbours any time he smokes a cigar inside his apartment. In papers filed in Manhattan Supreme Court, Harry Lysons said he will be on the hook for $2,000 every time the smell of cigar smoke wafts from his apartment into the home of Russell and Amanda Poses - and if he does not pay up within 15 days, he will be on the hook for an additional $1,500 per violation.

Despite the hefty smoking surcharge, Lysons might be getting off slightly cheap - the deal brings an end to a $2 million lawsuit the Poses filed against him last month, complaining that Lysons was stinking up their East 79th Street apartment with "foul and noxious odours."

Lysons' lawyer, Jeffrey Marcus, said: "They could have put in a million dollar fine and it would have been fine with us, because my client won't be smoking any cigars in the apartment." He said his client is a "gentleman" who was willing to give up his right to smoke in his apartment to be a good neighbour - but he is not giving up his stogies.

Under the terms of the court-approved deal, Lysons' apartment will have to pass a smell test if the Poses said there was the scent of smoke in their two bedroom condo. "The parties agree that a simple 'knock on the door' to discuss any complaint that the parties may have concerning cigar smoke... would be preferable to continuing to litigate this matter," the deal said.

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