Cigarette smoke comes up from the apartment below me in an old brownstone in Brooklyn where I live. It seems to just seem through the floor and walls. Take a look at www.ash.org which is an antismoking group. New York has a warranty of habilitability which requires that a landlord provide an environment that is not unhealthy but no one has tried to press this issue. You could sue for tresspass, battery, and prima facie tort in Supreme Court. If you do this it may get them to compromise in some way.
If you've received any useful information about keeping the smoke out or getting rid of it please let me know.
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