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First, if your lease directly addresses cigarette smoke and lack thereof, that will control. Unfortunately, if you have signed the lease then you will most likely have to live with the smell. Unless there is something that addresses this specifically in the lease or before you signed the lease, the landlord specifically agreed in writing to fix the smell then you most likely have no recourse against the landlord. In NY the apartment must meet the standards of livability and most be inhabitable. If it is not, then you will be able to terminate the lease.
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