Judge Michael Weisberg

Landlord alleged tenant Zelaya utilized the subject rent-stabilized apartment for illegal transient use by operating an illegal hotel, seeking eviction in this holdover summary proceeding. A fine was levied against landlord, and it served Zelaya a notice to cure, conceding the alleged conduct was curable. It was undisputed the complained-of conduct ceased within the time required by notice, and the court questioned if Zelaya was required to reimburse landlord for payment of the fine to effectuate a cure and warrant dismissal of this petition. Yet, the court noted while the notice to cure required Zelaya to cure the breach, it did not specify a specific way to effectuate such cure. Also, at the time the notice to cure was served, the fine was not levied by DOB, hence landlord could not have been expected to have required Zelaya to pay the fine as part of the cure. It stated, even if payment was required in the notice, it would have been impossible for Zelaya to comply within the specified time as there was no fine to pay at that time. The court stated it was significant to note landlord did not dispute the complained-of conduct ceased within the required time of the notice, and Zelaya fully complied with the action the notice required. Thus, dismissal was granted.