GAINES v. 1840 7TH AVENUE HOUSING DEVELOPMENT FUND CORP.

2066, 401994/13.

143 A.D.3d 650 (2016)

2016 NY Slip Op 07094

39 N.Y.S.3d 770

GARY K. GAINES, Appellant, v. 1840 7TH AVENUE HOUSING DEVELOPMENT FUND CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 27, 2016.


Section 4.03 of the proprietary lease between the parties states, "The term `Unsold Shares' means the shares of the Corporation which are issued by the Corporation and are allocated either to (i) the apartments of non-purchasing tenants or, (ii) the apartments which are unoccupied at the time the Offering Plan for the Building is declared effective." Under questioning from the court, plaintiff admitted that he was not a "non-purchasing tenant" and that his apartment was not...

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