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Reznick v. Bluegreen Resorts Management Inc.

Breach, Third Party Beneficiary Claims Dismissed in Suit Over Timeshare Reservations

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MEMORANDUM & ORDER Plaintiffs Bruce S. Reznick and Judith L. Reznick bring this action for breach of contract against Defendant Bluegreen Resorts Management, Inc. Their claims concern Plaintiffs’ vacation ownership interests (commonly known as “timeshares”) at the Royal Suites at the Atlantic Palace in Atlantic City, New Jersey. (See Compl. (Not. of Removal Ex. A (Dkt. 1-2)).)Before the court is Defendant’s motion to dismiss Plaintiffs’ complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Mot. to Dismiss (Dkt. 9); see Mem. in Supp. of Mot. to Dismiss (“Mem.”) (Dkt. 9-1).) For the reasons that follow, Defendant’s motion is GRANTED.I. BACKGROUNDA. FactsThe following facts are drawn from Plaintiff’s complaint and are assumed to be true for purposes of the motion to dismiss.Plaintiffs allege that in 2002, they purchased two timeshare units — a two-bedroom unit and a studio unit — from the Royal Suites at the Atlantic Palace in Atlantic City, New Jersey. (Compl. 4; see Mem. at 1.) Beginning in 2008, Plaintiff’s regularly utilized their timeshare units during the week between Christmas and New Year’s Day and over the Thanksgiving holiday, Presidents’ Day weekend, Martin Luther King, Jr. Day weekend, and the week of Passover. (Compl.

5, 9.) Plaintiffs reserved their timeshare units on these dates from 2008 through 2013. (Id.

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