Pober v. Fireside Tenants Corporations

Plaintiff, a shareholder in a cooperative apartment building, initiated this action against his cooperative board for breach of contract. Plaintiff purchased the shares entitling him to occupy the unit in question in 1995. The shares were purchased from a bank, and a tenant was in possession of the premises at the time of the sale. Plaintiff has never resided in the unit, despite the fact that on his application to purchase the property he stated that it was his intent to use the apartment as his principle residence. The unit has been continuously sublet since 1995.