Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 1

Christian and Britt Ewens, owners and residents of a luxury condominium in New York City, sued the owner of the adjacent unit, Federico Maccherone, for negligence and private nuisance. The Ewens claimed that Maccherone's "excessive smoking" caused secondhand smoke to seep through the walls into their unit. They also alleged that because there was a building-wide ventilation system, there was "odor migration." The condominium declaration and bylaws did not prohibit smoking. Who should prevail? [Ewen v. Maccherone, 927 N.Y.S. 2d 274 (N.Y. App. Div. 2011).]