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$2,000 fine for each cigar smoked in apt.

Feb. 24, 2011 at 4:51 PM

NEW YORK, Feb. 24 (UPI) -- A New York man settled a lawsuit by agreeing to pay $2,000 to his neighbors if he is caught smoking a cigar inside his apartment in the future.

The $2 million lawsuit, filed in city Supreme Court by Russell and Amanda Poses, claimed next door neighbor Harry Lysons was stinking up their apartment by smoking cigars inside his domicile, the New York Post reported Thursday.

Lysons settled the lawsuit by agreeing to pay a $2,000 fine for each future incident involving indoor cigar smoking.

The Poses family said the smoke was causing health problems for their children, ages 3 and 6.

"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 states.

"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," said Jeffery Marcus, Lysons' lawyer.

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