A New York real estate broker's attempt to bring a class action against Airbnb was derailed Friday when U.S. District Judge Vernon Broderick of the Southern District of New York granted the home-sharing platform's motion to dismiss the case after finding plaintiff Parker Madison Partners lacked Article III standing.

In its motion, Airbnb's counsel, Kaplan & Co. name attorney Roberta Kaplan, called the suit “a contrivance, invented by lawyers,” who were taking their second shot at suing the company. According to the defendant, the same counsel brought the suit Plazza v. Airbnb a year ago. After Airbnb moved to compel arbitration, the current suit claimed damages to the real estate broker market.

“But Plaintiff is neither a competitor of Airbnb nor a user of Airbnb's internet platform,” Airbnb's attorneys argued. “And Parker Madison certainly has not pleaded the kind of concrete and particularized injury that is a necessary prerequisite for invoking this Court's jurisdiction.”