This case involves Peter Poyck verses Stan and Michelle Bryant. Poyck was an owner and landlord of a condominium unit, No. 5-D, located in a building at 22 West 15th Street, New York City. Poyck leased his unit to the Bryants and after three years of the tenants living there; they decided to sign another two-year lease. A few months into the new lease, new neighbors moved in next-door, unit No. 5-C. The new neighbors were smokers and constantly smoked in the fifth floor hallway, a common area, and in their apartment. The secondhand smoke penetrated into the Bryants unit causing them to complain to the building’s superintendent. The superintendent spoke with the smokers, but they refused to listen. The smoking continued so the Bryants decided to contact their landlord, Poyck, to see if he could rectify the issue. Poyck took no action; therefore, the Bryants vacated the premises with sixteen months still left on their lease. Poyck, the plaintiff, sued the Bryants, the defendants, for the unpaid rent. The Bryants argued that the secondhand smoke breached the implied warranty of habitability and thus caused constructive eviction. Constructive eviction is used in the law of real property to describe a circumstance in which the landlord does something or fails to do something that he has a legal duty to provide rendering the property uninhabitable. The landlord made a motion to strike the Bryants’ defense of breach of the implied warranty of habitability and constructive eviction. (Cheeseman, pg. 774) The facts of this case are that the Bryants were good tenants for three years and signed a new lease; unfortunately, new neighbors moved in and prevented them from living a quiet and enjoyable life. There are certain duties that landlords owe their tenants. The law says a covenant of quiet enjoyment is given to the tenants which means the landlord can