Recitation, as required by CPLR 2219 (a) of the papers considered in review of this motion by NYSCEF Doc No: 1, 9-22. DECISION/ORDER PROCEDURAL HISTORY AND BACKGROUND This is a holdover proceeding commenced against Dara Clement (“respondent”), a rent stabilized tenant and recipient of a Section 8 Housing Choice Voucher Program subsidy. The notice to cure served upon respondent states, “[Y]ou are permitting and/or committing a nuisance in the subject premises, or by reason of gross negligence, substantially damaging the accommodation, or your conduct is such as to interfere substantially with the comforts and safety of other tenants[.]” The notice to cure explicates that respondent has created a nuisance and breached her lease by failing to provide “ proper access” to the premises and “[on] several occasions including January 16, 2023″ allowing access to the premises for petitioner to abate Housing Quality Standards (“HQS”) violations purportedly placed by the New York State Department of Homes and Community Renewal (“DHCR”), the administrator of respondent’s Section 8 voucher, and the Department of Housing and Preservation and Development (“HPD”), but then demanding the workers leave.1 Petitioner alleges that on January 30, 2023, respondent was verbally abusive to its workers, causing them to leave the apartment. (NYSCEF Doc No. 1, at 20, notice to cure [a].) Petitioner further avers that respondent has installed a washing machine in violation of her lease, which has caused flooding in her apartment and damaged her kitchen cabinets. (Id. [b].) The notice to cure directed respondent to correct the alleged conditions by March 13, 2023. (Id., at 20.) Respondent was subsequently served with a notice of termination, dated March 30, 2023, requiring her to vacate the premises by April 30, 2023, or face an eviction proceeding. The notice of termination adds a paragraph (c), in which petitioner states that it has received violations from HPD “due to the fact that you did dismantle, remove and dispose of the landlord’s cabinetry and sink,” and, “You disposed of and destroyed the landlord’s property without the landlord’s prior written permission or consent.” Further, petitioner alleges respondent has “damage[ed] the [kitchen] countertops and cabinets by applying chemicals to the surface,” thereby stripping them of their original color. (NYSCEF Doc No. 1 at 4-6, notice of termination.) Petitioner alleges, “Damage and destruction of the property is non-curable.” (Id., at 5.) The notice of termination states: “The landlord has requested access after the Notice to Cure expired on March 13, 20023 (sic),” and “You failed to remove the washing machine at (sic) the Notice to Cure expired on March 13, 2023.” (Id., at 4.) Respondent retained counsel and filed both an answer and a demand for a bill of particulars on April 15, 2024. (NYSCEF Doc No. 9, answer; NYSCEF Doc No. 10, demand for bill of particulars.) Petitioner responded to the demand on June 11, 2024. (NYSCEF Doc No. 22, bill of particulars.) Now before the court is respondent’s motion to dismiss the proceeding pursuant to CPLR 3211 (a) (7) on two bases. First, respondent argues that the notices fail to state a cause of action sounding in nuisance behavior. (NYSCEF Doc No. 13, notice of motion [sequence 2].) Respondent argues petitioner nowhere pleads facts that suggest her behavior is not curable and fails to set forth the elements of a cause of action premised on nuisance, to wit, that petitioner has failed to allege a “continuous invasion of rights — a pattern of continuity or recurrence of objectionable conduct,” and that petitioner has failed to plead that respondent’s actions have affected the health, safety, or comfort of other residents. (NYSCEF Doc No. 14, respondent’s attorney’s affirmation
