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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