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Schaffner v. Diamond Resorts Holdings LLC

Timeshare Firm Granted Judgment Dismissing Private Contract Dispute Outside GBL's Ambit

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MEMORANDUM AND ORDER Before the Court is the Diamond defendants’ motion for summary judgment on the plaintiff’s remaining state law claims. (ECF No. 26.) The plaintiff opposes. (ECF No. 28.) For the reasons that follow, the defendants’ motion for summary judgment is granted. BACKGROUND¹ Diamond Resorts is a timeshare company that markets and sells timeshare memberships. (ECF No. 1-2 at 3.) The plaintiff claims that the company coerces vulnerable senior citizens into entering into timeshare contracts through misrepresentations and fraud. (Id. at

3-18.) According to the complaint, Diamond Resorts used these tactics to coerce Mr. Victor Menna Barreto, an elderly person with limited English comprehension, to enter into timeshare contracts and purchase additional timeshare use rights. (Id. at

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