Legal Question in Personal Injury in New York

neighbor behind our house burns a firepit and approximately 20 tiki oil lamps in their backyard at times. Our fence is 25' from the back of our house. They have at least 6 oil lamps at the fence on their side (on each post). The smoke and fumes are unbearable and our clothes usually smells like lighter fluid within minutes. Two years ago, when they were just burning one firepit, we called the Fire Chief and he said they cannot do anything about it because they were just burning wood (albiet wet wood with lots of lighter fluid on it). They said it was really bad but the solution was to shut all of my windows and turn on the a\c all summer. We did that but it doesnt help. Our house (or any other house) is not air tight.
I have a pregnant wife (8 mos), a two year old son and soon, an infant and I do not want them breathing these fumes in. The town air quality office sent the neighbors a letter letting them know that one or more neighbors are bothered by the smoke and the neighbors just lit them right back up. What can we do?

Asked on 7/08/10, 6:32 am

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You may be able to sue for public nuissance. Feel free to contact me.

Answered on 7/08/10, 10:40 am

David Slater David P. Slater, Esq.

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Contact your Dept of Health.

Answered on 7/08/10, 3:29 pm

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