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Re: Manhattan Club Lawsuit

ok, thanks for the clarification re the ag's actions have not yet being considered a lawsuit, and that these actions are still in the investigatory stage. when, as an experienced attorney, do you expect this to become a lawsuit, i.e., THE NYSAG VS THE MANHATTAN CLUB/EICHNER with a judge presiding as to the guilt or innocence of eichner (no further in the investigatory stages) of the charges trying to be brought against him by the ag? we owners all look forward to your enlightening us on this matter..........from a legal professional point of view. we are seeking some kind of clarification even it it means some speculation on your part. we anticipate your response regarding this matter. thanks, chris [Q=deborahs528] [Q=chrisv126] the clarity here is that THE NYSAG VS TMC/EICHNER IS NOT A CLASS ACTION SUIT. those who have joined mr sidney could constitute a class action when the AG'S suit is resolved. [Q=thomasm832] [Q=deborahs528] [Q=chrisv126] the nysag's court actiion against eichner is indeed a LAWSUIT, albeit NOT a class action lawsuit involving all of us who were duped and defrauded by eichner. the ag, mr schneiderman, is working on behalf of new york state to prove eichner's guilt of the fraud and scam he committed concerning his actions as a principal of the manhattan club timeshare. the current status of the lawsuit is that is out of the investigatory stage and is before the judge for further consideration and disposition. if schneiderman wins the case, all the better for us owners. we would have a strong case that would probably involve private attorneys who could now bring a class action suit on behalf of TMC shareowners. [Q=deborahs528] [Q=susanp816] It is incorrect that there isn't a class action lawsuit involved with The Manhattan Club. I joined back in March. Granted I was not happy to have to pay $300 but he is the only lawyer at this time willing to take them on. The Law Office of Lowell J. Sidney regarding the above subject. Here is the letter I received from him after speaking to him on the phone. We filed a lawsuit alleging that flexible time shares in The Manhattan Club were oversold. The action is venued in the New York State Supreme Court, New York County under index number 654023/2015. If you believe that you are eligible for inclusion in the class, kindly complete the attached questionnaire and retainer agreement and return to our attention with a non-refundable fee of three hundred dollars ($300). Should you have any questions, queries or comments please do not hesitate to contact me. Best Regards, Lowell Sidney 244 Fifth Avenue, Suite Q278 New York, NY 10001 (888) 222-0513 I did send him an e-mail after reading the letter from rachellea8 Oct, 14 questioning him why the NY Attorney General's office would say there was NO CLASS ACTION SUIT going on and this is what he responded. "I don't know. I am able to view it. Oral arguments adjourned until January 5."[/Q] I think most of us who have been following this forum since June 2014 realize the AG's office has NOT filed a class action lawsuit...They are involved in an investigation of fraud by TMC/Eichner. An investigation is not the same as a lawsuit. There are 2 attorneys of whom I am aware who are involved in somehow helping owners. One is Lowell Sidney (who obviously has filed suit according to the email to which I am responding) and the other Doug Wasser, who I believe is helping his clients understand what is going with the AG and keeping them apprised. I believe that if the AG does find Eichner and/or TMC guilty of whatever, that gives any of us who want to sue a much better leg to stand on. Without these findings, it would be much harder to have a successful suit. I have read about other lawsuits against TMC that amounted to nothing. This forum started out being entitled TMC lawsuit and for some reason Redweek can't change this, because it is misleading.[/Q][/Q] I wrote and asked if the AG has a lawsuit against TMC/Eichner. I just heard back from Janice Santora in the NYAG's office...she says there is NO lawsuit that it continues to be an "ongoing investigation."[/Q] I believe the title of this thread is from a previous lawsuit that was dismissed, and is causing a lot of confusion. Seems like a new thread probably should have been started for the current NYAG investigation opened in 2014. Here is the link to the notification of this investigation from their website. It is an order to halt sales and, interestingly considering the discussion about fees, "The order also bars the corporations through which the club and the developers act from draining bank accounts connected to the hotel during the investigation." http://www.ag.ny.gov/press-release/ag-schneiderman-announces-court-order-barring-sales-manhattan-club-timeshare-hotel I am guessing that if enough evidence is found through this investigation then the NYAG will open a civil (or criminal) lawsuit. I'm thinking this is still probably going to take a while to get resolved, unless it is found that there is not enough evidence and dropped (which would be a little hard to swallow at this point).[/Q][/Q] I specifically asked Janice Santora of the AG's office if there is a suit or class action suit against Eichner/TMC by the AG's office...the answer was, there is NO suit by the AG against Eichner/TMC. Only an ongoing investigation. The investigation has not become a suit because issues are being brought before the Judge, as you stated, Chris, and the situation is NOT out of the investigatory stage.[/Q] ,,