12826, 652662/13.

118 A.D.3d 585 (2014)

987 N.Y.S.2d 164

2014 NY Slip Op 4574

LEONARD BISK et al., Respondents, v. THE MANHATTAN CLUB TIMESHARE ASSOCIATION, INC., et al., Appellants.

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

Decided June 19, 2014.

In this putative class action lawsuit alleging deceptive practices by defendants that prevented plaintiffs from being able to use their timeshare units for their stated purpose, a vacation accommodation experience, the IAS court denied defendants' motion to dismiss, and credited plaintiffs' allegation that defendants rented up to 96% of the available units to the general public, thus preventing plaintiff owners from reserving accommodations. This was error, as plaintiffs...

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