Bisk v. Manhattan Club Timeshare Ass'n
Court: Appellate Division of the Supreme Court of the State of New York; June 19, 2014; New York; State Appellate Court
The Supreme Court of New York County, under Justice Charles E. Ramos, issued an order on February 26, 2014, reversing the IAS court's denial of the defendants' motion to dismiss the complaint in a putative class action. The lawsuit alleged deceptive practices by the defendants that hindered plaintiffs from using their timeshare units for vacations. The lower court's ruling was found to be erroneous, as it accepted the plaintiffs' claim that defendants rented up to 96% of available units to the public, a claim unsupported by the complaint or affidavits but only mentioned in the plaintiffs' memorandum of law. This assertion was also deemed a misinterpretation of the defendants' supporting documents. Additionally, the court found the plaintiffs' other claims to be conclusory and speculative. The key allegation of deceptive practice regarding the rental of unused accommodations was disclosed in the offering documents provided to the plaintiffs. The court dismissed the complaint, directing the Clerk to enter judgment accordingly, with no costs awarded. All justices concurred in the decision.