Broker sued over secondhand smoke

BOSTON (AP) - A Massachusetts woman who says she was forced to move out of her Boston condominium because of secondhand smoke from a neighbor is suing her real estate broker.

Alyssa Burrage said her broker repeatedly assured her that the owner of the condo she was buying in 2006 was a smoker and the smell would go away.

Burrage, who has asthma, said she later discovered the smoke was coming from a condo below hers.

A jury will decide if broker Joseph DeAngelo is liable for damages. DeAngelo denies Burrage asked him about smoke in the condo.

Tobacco law experts say no one in the state has won monetary damages in a case over smoking fumes.

Burrage also sued the two men in the downstairs condo and the condominium association. All three settled with Burrage for undisclosed amounts.