Tenant's Claims Based on Secondhand Smoke Dismissed

Tenant sued landlord for negligence and breach of contract, claiming personal injuries arose from her exposure to secondhand smoke in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part, dismissing the negligence claim and limiting damages on the breach of contract claim. Tenant appealed the portion of the court's decision concerning breach of contract and lost. Damages that can be recovered for breach of contract are limited to those damages that were reasonably foreseen or contemplated by the parties during negotiations or when the contract was signed. The lease agreement and addendum signed by landlord and tenant showed that the parties didn't contemplate that landlord would be responsible for damages arising from secondhand smoke. 

Lauricella v. LC Apartments, LLC: Index No. 241 (18-01301), 2019 NY Slip Op 05276 (App. Div. 4 Dept.; 6/28/19; Whalen, PJ, Smith, Carni, Nemoyer, Curran, JJ)