Thu Jan 10, 2013, 01:41 PM

Lawsuit over smoking pot, having sex on upper East Side rooftop is ‘racist,' says co-op resident Re

Last edited Thu Jan 10, 2013, 01:46 PM USA/ET - Edit history (3)

Source: New York Daily News

An upper East Side co-op is suing resident Richard Kempter, claiming his ganja-loving guests fill the luxury building with pot smoke and have sex on the roof.

Kempter, 73, who owns a one-bedroom unit on the eighth floor of the E. 72nd St. high rise, lets his kids go wild when he’s out of town and their “strong-smelling” pot penetrates everywhere, even into one neighbor’s dishwasher, according to a lawsuit filed Wednesday in Manhattan.

“t is 10:45 p.m. and my apartment smells like a party was going on . . . the stench of musty pot that is lingering in my closet is unbearable,” a fed-up neighbor wrote to management at The Fontaine last January.

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The co-op is seeking $15,000 in damages, plus payment from Kempter for their legal bills.

Read more: http://www.nydailynews.com/new-york/pot-friendly-parent-sued-stoner-kids-toking-article-1.1237008

If I were on that jury, I would eagerly vote to triple damages and award to plaintiff legal fees and costs.

Then see how much longer landlords take to install fire door buzzers/alarms.

If you wouldn't behave like this at your parents, do behave like it elsewhere.

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14 replies	Author	Time	Post
Lawsuit over smoking pot, having sex on upper East Side rooftop is ‘racist,' says co-op resident Re (Original post)	closeupready	Jan 2013	OP
He owns, not rents	leftynyc	Jan 2013	#1
Ah, a co-op.	Crazy Combo	Jan 2013	#3
lol	closeupready	Jan 2013	#5
I would find for the defendant, and tell the plaintiff to move elsewhere.	Crazy Combo	Jan 2013	#2
It has...and you don't have the right to inflict it on others.	brooklynite	Jan 2013	#7
Just a bunch of curmudgeonly people	cosmicone	Jan 2013	#4
Let them have fun somewhere else.	MicaelS	Jan 2013	#9
Why should I have to pay money to keep YOUR behavior away from me?	dbackjon	Jan 2013	#14
That's what happens when you don't invite your neighbors to the party.	leveymg	Jan 2013	#6
I can imagine that would be irritating	Marrah_G	Jan 2013	#8
Just like cigarette smoke, freedom to pollute your own lungs does not mean	geek tragedy	Jan 2013	#10
"common across classes" - yes, the lowest ones, I agree.	closeupready	Jan 2013	#11
but all different economic classes--agreed that it's always low class behavior, nt	geek tragedy	Jan 2013	#12
Okay, yes, that puts it well.	closeupready	Jan 2013	#13

Response to closeupready (Original post)

Thu Jan 10, 2013, 01:48 PM

leftynyc (10,288 posts)

1. He owns, not rents

so no landlord involved. The co-op board is suing one of their own.

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Response to leftynyc (Reply #1)

Thu Jan 10, 2013, 01:50 PM

Crazy Combo (7 posts)

3. Ah, a co-op.

Much like the HOA, they are fascists.

I'd ignore them.

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Response to Crazy Combo (Reply #3)

Thu Jan 10, 2013, 01:55 PM

closeupready (19,432 posts)

5. lol

Keep ignoring them. When your bank account gets seized and paycheck garnished to pay for the judgment you ignored, keep telling yourself you are right and the co-op is wrong.

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Response to closeupready (Original post)

Thu Jan 10, 2013, 01:49 PM

Crazy Combo (7 posts)

2. I would find for the defendant, and tell the plaintiff to move elsewhere.

Sorry, but even in NYC, pot has been decriminalized.

Wonder how much this guy is paying for his one bedroom apartment?

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Response to Crazy Combo (Reply #2)

Thu Jan 10, 2013, 02:07 PM

brooklynite (12,818 posts)

7. It has...and you don't have the right to inflict it on others.

When the apartment purchased the Co-op, he bought shares in a company (I believe the phrase is "Corporations are people...") and signed an agreement that certainly set standards of behavior, including noise, smells and behavior in common facilities. He hasn't got a legal leg to stand on, and claiming racism isn't going to help.

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Response to closeupready (Original post)

Thu Jan 10, 2013, 01:50 PM

cosmicone (3,367 posts)

4. Just a bunch of curmudgeonly people

jealous of kids having fun.

It is not like they were loud, disturbed peace or vandalized anything. If pot smoke is coming into your unit, get better insulation around the electrical outlets and doors.

The lawsuit will settle for about $7500

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Response to cosmicone (Reply #4)

Thu Jan 10, 2013, 02:15 PM

MicaelS (4,386 posts)

9. Let them have fun somewhere else.

If this was about tobacco, the anti-tobacco people here would be coming out of the woodwork claiming they're allergic to tobacco, or hate it, or how smokers don't have the right to inflict their smoke on other people's lungs, etc, etc. But because it's pot, we're supposed to give these "kids" a free pass? Bullshit.

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Response to cosmicone (Reply #4)

Thu Jan 10, 2013, 06:13 PM

dbackjon (3,493 posts)

14. Why should I have to pay money to keep YOUR behavior away from me?

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Response to closeupready (Original post)

Thu Jan 10, 2013, 02:06 PM

leveymg (26,298 posts)

6. That's what happens when you don't invite your neighbors to the party.

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Response to closeupready (Original post)

Thu Jan 10, 2013, 02:09 PM

Marrah_G (22,370 posts)

8. I can imagine that would be irritating

I know when my friends son smokes the really good stuff in the basement, we can smell it pretty strongly up on the 2nd floor.

Nothing against smoking pot, but some of it smells like a skunk!

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Response to closeupready (Original post)

Thu Jan 10, 2013, 02:21 PM

geek tragedy (25,499 posts)