Tenant appeals from an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), entered January 16, 2008, which denied her motion to dismiss the petition in a holdover summary proceeding.

Per Curiam.

Order (Gary F. Marton, J.), entered January 16, 2008, affirmed, with $10 costs.

The notice of termination underlying this nuisance holdover proceeding alleged that the apartments adjacent to tenant's apartment had been plagued by a "dramatic" increase in cockroach infestation in 2007; that on September 20, 2007 the building's exterminator observed "roach activity present throughout the kitchen area as well as filth and dirt all over [tenant's apartment];" that tenant denied the exterminator necessary weekly access to her apartment; and that the infestation would continue to spread without regular extermination. Measured against the governing standard of reasonableness, the notice was facially sufficient as it "fairly stated the nature of landlord's claim and the facts necessary to establish the existence of grounds for eviction" (Oxford Towers Co. v Leites, 41 AD3d 144 [2007]; see also Hughes v Lenox Hill Hosp., 226 AD2d 4, 17 [1996], lv dismissed in part and denied in part 90 NY2d 829 [1997]). The allegations in the petition sufficiently stated a claim for nuisance since "a tenant's refusal to allow a landlord access to her apartment to correct a condition that threatens the health and safety of others in the building can constitute a nuisance" (12 Broadway Realty, LLC v Levites, 44 AD3d 374 [2007]).

We have considered tenant's other arguments and find them unpersuasive.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 22, 2008