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Aug 25

Kensington Fitness Buffs Left ‘High and Dry’ After Gym Suddenly Shutters – DNAinfo

KensingtonAerobicsand Fitness suddenly shuttered Monday after a city marshalslapped the Caton Avenue store front with an eviction notice. View Full Caption

DNAinfo/Caroline Spivack

KENSINGTON Dozens of frustrated fitness buffs who wereleft in the lurch when their gym abruptly closed this week want their membership fees refunded after the health got slapped with an eviction notice this week.

KensingtonAerobicsand Fitness shuttered suddenly on Monday after thecity marshalhit the Caton Avenue gym with an eviction notice.

With no means of reaching the owner, yearly members who havepaid hundreds of dollarsare flooding their local assemblyman and city marshals offices with calls on how to recoup their losses

Its infuriating, said Kensington resident Heather Wells, who bought a yearly membership to the gym for $300 in May and arrived there Wednesdaytodiscover it had closed. They just closed and left us all high and dry.

A confusing note posted in the window states: Kensington fitness gym will be closed indefinitely until further notice Kensington fitness gym is still here. Thank you.

The City Marshal executed an eviction notice that was posted on Aug. 18 after attorney Jeffery Edelman, who represents the owner of 202 Caton Ave., filed for the warrant on July 23 because the gym's owner owes back rent, according to Jake Love, the marshal's chief judgmentclerk.

Neither EdelmannorKensingtonAerobicsand Fitness returned requests for comment Thursday.The owner of 202 CatonAve. could not be reached.

Under state law, health clubs are legally requiredto file a bond, letter of credit or certificate of deposit with the Secretary of State and place all advance fees in escrow to protect customersifa gym closes before patrons' contracts expire, according to Department of State spokesmanLaz Benitez.

Gym members are entitledto sue and may even be eligibleto receive up tothree times the actual damages, plus attorneys fee, Benitez added.

Spurned members can filecomplaints with the state Divisionof Consumer Protectionor withstate Attorney GeneralEricSchneiderman's office.

Assemblyman Robert Carroll's office has receivednearly 40 calls since Monday from people complaining about the closure who are in conversation withSchneiderman's office to help refund customers and possiblytake action against the gym, said the assemblyman's chief of staff, Dan Campanelli.

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Kensington Fitness Buffs Left 'High and Dry' After Gym Suddenly Shutters - DNAinfo

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