In Johnita M.D. v. David D.D., 191 Misc.2d 301 (NY Sup. Ct., 2002) the Court stated that the mother's addiction to smoking, which may result in her developing lung cancer, does not outweigh the Court's duty to protect a child. That Court prohibited both parties from smoking or allowing others to smoke at any time in their home or in their automobile, due to the presence of the children, even if the children were not physically present during the time of any smoking incidents. The Court further stated unequivocally that secondhand smoke causes lung cancer and could very well do so in the children.