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Manhattan Club Lawsuit
Chris - you did not understand my post - I was stating what Eicher's attorney had alleged in answering the complaint filed by another one of us timeshare owners. I was asking if others had read the answer filed and if my understanding of what Eicher was saying agreed with what you and other time share owners interpreted his response to be? I certainly agree that we have been defrauded but we need to scrutinize Eichner's claims in order to respond.
Gail J.
Tulipblossom, It is TMC's position that renting out an owner's unit benefits owners because proceeds go into a reserve fund, but that's ridiculous, even if true. They can't rent out an owner's unit without the owner's consent, and if given, the proceeds go to the owner, not TMC.
TMC is trying to dismiss the entire (or a portion thereof) AG's complaint against them. Every wise defendant tries this legal maneuver, if not to get rid of the entire action, then to at least narrow the allegations down to one or two. If the court does not have undisputable proof before it, discovery will continue until settlement or trial.
Jill S.
We are winning! Our letters moved the Judge
In the NYAG case against The Manhattan Club—TMC loses the motion to stay the proceedings—the NYAG’s depositions of TMC owners, the Eichners, can go forward—
IMPORTANT!!!! At the top of page 8 of her decision the judge tips her hat to the timeshare owners recognizing any discovery delay prejudices us as we continue to pay maintenance fees.
Thank you Judge Rakower
Irene S.
How can I get deposed? When I bought my ts I specifically asked how much can I be charged for maintenance and was told not more than $100 to $200 per year! Since I own 2 condos in Florida and pay condo fees on both , this answer on a 1/2 week ts in NYC seemed reasonable. I have been lied to and would be willing to be deposed.
Leslie L.
How many have been following this but not taking action yet? I am guilty as charged but after reading the ridiculous rebuttal from TMC towards the class action suite I'm ready to write another (non-emotional, factual) letter, I'm ready for the questionnaire, I'm ready to fly from AZ to NYC show up in great numbers to make a ruckus and gain some Media attention with our personal stories of being forced to pay all TMC's bills with nothing in return, increasing in whatever amounts they choose. Who's with me and ready to make a surge and move this whole thing to some kind of resolution for owners??
PS I am a biennial points owner. That should not exclude me. I pay 4x the amount for points at TMC to have the privilege to book there, which I never can and always have to book a hotel when I visit NYC. Not to mention I have to USE twice as many point to book time there. I could EASILY stay in the best hotels in NYC for an entire week (and no hassle for reservation) by the time I bank enough points to stay a whole week. $1,300 a year may not be looked at as a significant amount for ownership according to the TMC (in rebuttal to class action) but to me and our family - it is a lot and we can no longer give them money for free and then end up paying for a vacation elsewhere. Just a thought - can the judge access this forum to see how many problems we are dealing with just in this group alone? Maybe consider as evidence of the mass of dissatisfaction? And how many other forums are out there we can point to? Time to turn up the heat. Thanks to those who have already :)
Colleen P.
Nancy, Donna -- The questionnaire was emailed to me in May 2015 because I was an owner of record. The old email says to call the NYAG: "Should you have any questions, please call our office at 212-416-8956." Tell them you are an owner and heard about the questionnaire and want the link to take it. Good luck.
nancyfj wrote:where is the questionnaire? what date?
Jill S.
colleenp,
quoting your comments, "'m ready to fly from AZ to NYC show up in great numbers to make a ruckus and gain some Media attention with our personal stories of being forced to pay all TMC's bills with nothing in return, increasing in whatever amounts they choose. Who's with me and ready to make a surge and move this whole thing to some kind of resolution for owners??"...............if you look back at a few pages of this (redweek.com) forum, you'll note i been writing (till my fingers get blisters) about having another meeting of TMC OWNERS IN NYC. jeff weir and greg crist did a fine job of arranging a similar meeting last august at a meeting venue in a masonic temple in downtown nyc.....chelsea. in the NEW YORK STATE ATTORNEY GENERAL'S weekly online newsletter there's a section containing a form inviting people to complete if they would like to have a presentation from his office at a venue of our choice. there's no guarantee that he would honor the presentation request , but it would be worth a try on OUR PART.....WE HAVE TO ACT, AND ACT NOW. THESE FORUM COMMENTS ARE GAINING US "ZILCH" IF THAT'S ALL WE'RE DOING: VENTING OUR FRUSTRATIONS IN WRITING............SORRY, BUT SPARE ME; WRITING HERE IS NOT ENOUGH!!!!
we need to have another meeting as described above (last year's meeting was very well attended, but missed the mark, in my opinion>) if we were able to say that the NYSAG would be a presenter, we'd most likely have many more owners from afar (at least farther than the surrounding new york state area) intent on being there and picking the NYSAG'S BRAIN about the lawsuit.
that being said, so far the reaction to my comments have been summarily ignored. not one of us has picked up on my strong suggestion to arrange this meeting for this summer, strongly urging the NYSAG TO OFFER US A PRESENTATION as the victims of KING IAN EICHNER'S SHABBY, SCHEMING AND FRAUDULENT treatment of us owners. as you wrote, "I'm ready to fly from AZ to NYC show up in great numbers to make a ruckus and gain some Media attention with our personal stories of being forced to pay all TMC's bills with nothing in return, increasing in whatever amounts they choose. Who's with me and ready to make a surge and move this whole thing to some kind of resolution for owners??" i hope my suggestions are the "surge to move this whole thing to some kind of resolution for owners." and, yes, yes, yes to our other suggestion to GAIN SOME MEDIA ATTENTION. let the new york media know of the meeting and invite them to attend as well.
stay well. keep in touch.
chris
colleenp61 wrote:How many have been following this but not taking action yet? I am guilty as charged but after reading the ridiculous rebuttal from TMC towards the class action suite I'm ready to write another (non-emotional, factual) letter, I'm ready for the questionnaire, I'm ready to fly from AZ to NYC show up in great numbers to make a ruckus and gain some Media attention with our personal stories of being forced to pay all TMC's bills with nothing in return, increasing in whatever amounts they choose. Who's with me and ready to make a surge and move this whole thing to some kind of resolution for owners??PS I am a biennial points owner. That should not exclude me. I pay 4x the amount for points at TMC to have the privilege to book there, which I never can and always have to book a hotel when I visit NYC. Not to mention I have to USE twice as many point to book time there. I could EASILY stay in the best hotels in NYC for an entire week (and no hassle for reservation) by the time I bank enough points to stay a whole week. $1,300 a year may not be looked at as a significant amount for ownership according to the TMC (in rebuttal to class action) but to me and our family - it is a lot and we can no longer give them money for free and then end up paying for a vacation elsewhere. Just a thought - can the judge access this forum to see how many problems we are dealing with just in this group alone? Maybe consider as evidence of the mass of dissatisfaction? And how many other forums are out there we can point to? Time to turn up the heat. Thanks to those who have already :)
Chris V.
Hi Chris, Yes thank you for your efforts... My posting was in response to all of these postings I've been reading and keeping up on this forum including yours. I'm know I'm not that initiated the action or the ones organizing and arranging a meeting, I am simply pledging to further your efforts - to be in attendance and contribute letters and hope to encourage others who have been on the sidelines to jump on board, because a few active members trying really hard are not as effective as hundreds or thousands speaking up. Trying to encourage a bigger impact and make less work for a few. :)
Colleen P.
Last edited by colleenp61 on Jul 19, 2016 07:46 PM
The latest legal decision 7/13/16 from Judge Rakower ordering the Eichner's to testify is pro owner. It has been the Eichners' refusal to testify that has held this case up for so long. On pg. 8 the Judge mentions TMC owners.
Here is the mailing address for Judge Rakower if any one wants to write a letter to the Judge.
Honorable Justice Eileen Rakower, Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 Dear Justice Rakower: Regarding case number 451536/2014: Schneiderman vs Eichner:
Irene S.
TODAY I CALLED NYAG'S OFFICE 212-416-8956, MESSAGE, I WILL BE OUT OF THE OFFICE UNTIL NOVEMBER. GIVEN ANOTHER NUMBER 212-4168122, JANICE ANSWERS THAT SHE KNOWS NOTHING ABOUT A QUESTIONAIRE? I ASK IF SHE IS AWARE OF THE NYAG LAW SUIT WITH THE MANHATTAN CLUB. ANSWER, SHE CANNOT DISCUSS THIS. I ASK ABOUT QUESTIONAIRE, SHE HAS TO ASK THE ATTORNEY ABOUT IT AND WILL CALL ME BACK? IS THIS THE KIND OF RESPONSE WE CAN EXPECT OF OUR ELECTED OFFICIALS, NEVER MINE HAVING OUR BEST INTERESTS AT HEART. IF THE EMPLOYEE'S THAT WORK FOR THE NYAG'S OFFICE GIVE THAT KIND OF HELP, WHAT CAN WE EXPECT GOING FORWARD WITH THE LAWSUIT. FROM WHAT I READ WITH THE RESPONSES IN RED WEEK, I DO NOT HAVE MUCH HOPE WITH ANY OUTCOME FOR US OWNERS, AND ALL THE PARADING BY THE LAWYERS, FURTHER DELAYING ANY ACTION, AND THE JUDGE WHO OVERSEES THESE MATTERS. OUR LEGAL SYSTEM DOES LITTLE TO HELP THE INDIVIDUAL, AND ONLY INCREASES THE PROFITS AND POCKETS OF THE LEGAL REPRESENTATIVES. I WISH ALL INVOLVED TO FINALLY SHOUT LOUD AND CLEAR TO THE MEDIA, THAT WE HAVE HAD ENOUGH OF THIS PATRONIZING, AND GET THIS MATTER TO A CONCLUSION.
Henry D.
