Wafting Cigar Smoke Prompts Nuisance Suit
A condo owner is suing neighbor Eddie J. Babbitt, saying Babbitt’s cigar smoke infiltrates his Palm Springs home.
Nearly every night after dinner, according to Joseph DiPuzo, Babbitt sits on his patio to enjoy a good cigar. DiPuzo said in a Superior Court suit that the smoke wafts into his adjacent condo, bothering him and worsening his girlfriend’s asthma.
“If it goes through, it would open up the floodgates of litigation,” said Peter Schlueter, co-counsel for Babbitt.
“The vegetarian could now sue the meat-eater for the barbecue outside.”
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