Poyck v. Bryant

After new neighbors began smoking heavily in their apartment and the common hallway, with smoke drifting into the Bryants' (defendants) unit despite repeated complaints to the superintendent and landlord Poyck (plaintiff), the Bryants vacated the apartment; Poyck sued for unpaid rent, and the Bryants counterclaimed that the secondhand smoke breached the implied warranty of habitability and amounted to constructive eviction. Poyck moved to dismiss the counterclaim.