US man agrees to pay neighbours $2K every time he smokes cigars
By ANIThursday, February 24, 2011
NEW YORK - A man in US has agreed to fork over 2,000 dollars to his next-door neighbours every time he smokes a cigar inside his apartment.
In papers filed in Manhattan Supreme Court, Harry Lysons said he would pay 2000 dollars every time the smell of cigar smoke wafts from his apartment into the home of Russell and Amanda Poses.
And if he doesn’t pay up within 15 days, he will have to pay an additional 1,500 dollars per violation.
The deal brings an end to a 2 million dollar lawsuit the Poses filed against him last month, complaining that Lysons was stinking up their East 79th Street apartment with “foul and noxious odours”.
“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,” the New York Post quoted Lysons’ lawyer, Jeffrey Marcus, as saying.
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’s not giving up his stogies.
“I think when you’re in your 70s you’re entitled to some of the remaining pleasures in life. He’s earned the right to smoke a cigar and have some brandy at night. He’ll just have the cigar on the street,” Marcus said.
The Poses’ lawyer, John Churneftsky, said he was glad both sides were able to make peace so quickly, which he credited in part to “reasonable attorneys on both sides”.
Under the terms of the court-approved deal, Lysons’ apartment will have to pass a smell test if the Poses say there’s the scent of smoke in their two-bedroom condo.
“Each party hereto shall afford the other party access to their apartment, upon reasonable notice for the purpose of verifying that the plaintiffs’ apartment smells from cigar smoke which emanated from defendants’ smoking cigars in the prohibited areas,” the settlement stated.
If Lysons challenges the finding and they can’t come to a resolution, the two sides can then go back to court - although both sides will try to keep that from happening.
“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 added. (ANI)
