Do we have a case against the owners of our condo? 2 Answers as of May 18, 2011

The people downstairs are renting the condo from a corporation. They smoke a lot and the smoke comes up into our condo (through the walls/ventilation?). Sometimes it is so thick that you can see the smoke. The corporation says they had a contractor do some work down there but there is no change. Now they refuse to do anything. This same corporation has not fixed the damage one of their contractors did to our garage after one of their renters flooded the condo above the garages causing water damage to at least 2 garages. The garage is minor compared to the smoking. It is so bad that there are times I cannot bear to be in the bathroom for more than a few seconds because of the smoke. Also, my husband and I want to have kids but I don't want to have my unborn child exposed to all that second hand smoke.

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Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
You need to review the condo bylaws. We can do that and give you a legal opinion but that would be a fee for service agreement.
Answer Applies to: New York
Replied: 5/18/2011
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