Manhattan Club Lawsuit

To find out the next NY AG v TMC court case date call

Brenda Heredia at the NY AG's office 212 416-8956

Letters from TMC made this investigation happen. The AG's office mentioned in court the number of complaint letters they have received from TMC owners. Keep writing to let our concerns be heard.

TMC owners should write to the Judge and to the AG pointing out the offering statement has been revised many times over the years. The parties may be in compliance with the latest version but not in compliance with the document upon which we early buyers depend.

Atty. Serwat Farooq New York Attorney General’s Office Asst. Attorney General 120 Broadway, 23th Floor New York, NY  10271 (212) 416-6240

Contact us by mail The Honorable Andrew M. Cuomo Governor of New York State NYS State Capitol Building Albany, NY 12224 Contact us by phone 1-518-474-8390 Office hours: 9:00am to 5:00pm

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:

Eric Schneiderman Office of the Attorney General The Capitol Albany, NY 12224-0341

Regards, Irene Smalls

Thank you , Irene, for all of your efforts and information!

We really appreciate knowing what's going on and your involvement as it is difficult for us to get there as we are out of state. Thank you so much.

Huge thanks to Irene for her continued energy, vigilance and diligence on keeping on top of all of these complicated proceedings and maneuvers.

We were early buyers and have a file of documents from when we purchased. I am not familiar with what you call "offerings." How do we identify the document(s) we should be looking for?

irenes93 wrote:

To find out the next NY AG v TMC court case date call

Brenda Heredia at the NY AG's office 212 416-8956

Letters from TMC made this investigation happen. The AG's office mentioned in court the number of complaint letters they have received from TMC owners. Keep writing to let our concerns be heard.

TMC owners should write to the Judge and to the AG pointing out the offering statement has been revised many times over the years. The parties may be in compliance with the latest version but not in compliance with the document upon which we early buyers depend.

Atty. Serwat Farooq New York Attorney General’s Office Asst. Attorney General 120 Broadway, 23th Floor New York, NY  10271 (212) 416-6240

Contact us by mail The Honorable Andrew M. Cuomo Governor of New York State NYS State Capitol Building Albany, NY 12224 Contact us by phone 1-518-474-8390 Office hours: 9:00am to 5:00pm

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:

Eric Schneiderman Office of the Attorney General The Capitol Albany, NY 12224-0341

Regards, Irene Smalls

The Offering is that big book that weighs about 3lbs. that they Fed-Ex to you about 2-3 weeks after you sign your contract when it's too late to cancel the transaction (after the 7 day cancellation period). Which probably legally should have been given to you before you sign any paperwork at all .This book contains all of the rules ,regulations, conditions and description concerning your timeshare,etc. (AKA: the fine print they probably don't want you to see until it's too late to back out).It's ironic that on the cover there's a statement that reads " This offer contains a high degree of risk".

YOU WERE FORTUNATE TO HAVE RECEIVED THE 'BIBLE' ACCORDING TO EICHNER, SEVERAL DAYS AFTER YOU SIGNED THE CONTRACT. IT TOOK THEM SEVERAL YEARS TO SEND ME MY COPY. I WONDER HOW MANY REVISION THE BOOK HAS GONE ................?

Thanks. I have the Timeshare Offering Plan dated October 31, 2000. At the top of the cover it says "TWENTY-THIRD AMENDMENT." It is only about 17 sheets of paper, by the way, including Exhibits and Schedules. Would it be helpful if I sent a copy to the judge?

gerards23 wrote:

The Offering is that big book that weighs about 3lbs. that they Fed-Ex to you about 2-3 weeks after you sign your contract when it's too late to cancel the transaction (after the 7 day cancellation period). Which probably legally should have been given to you before you sign any paperwork at all .This book contains all of the rules ,regulations, conditions and description concerning your timeshare,etc. (AKA: the fine print they probably don't want you to see until it's too late to back out).It's ironic that on the cover there's a statement that reads " This offer contains a high degree of risk".

You were suppose to get a very thick grey book. I purchased in 1997 and received the book two years later, plus addendum to the original book. I believe that Mr. Big was changing the book with addendum to protect himself; but he was still using the same tactics, till he was discovered several years later. I wonder if his lawyers presented "THE BOOK" with all the changes that he has made thru the years, to protect himself.

I purchased at 1999 and I have never received any book, what should I do

I just found that huge version of the Offering, dated March 12, 1999, subtitled FIFTEENTH AMENDMENT. Should I assume that the judge has access to ALL amended editions?

One scary item appears on pages 362-363 of the above book. It is Article 14, AMENDMENTS : , section 14.1. That section says that the ""sponsor" (probably defined somewhere in the document as Eichner)"... reserves the right at any time...to unilaterally amend this Timeshare Declaration...." The section continues: "Any amendment made by Sponsor pursuant hereto shall not require the approval of the Timeshare Association, the Timeshare Board or any Owner." The section lists some possibly appropriate reasons for which Sponsor might promulgate his amendments but the language says "...in its (sic) sole discretion....."

gerards23 wrote:

The Offering is that big book that weighs about 3lbs. that they Fed-Ex to you about 2-3 weeks after you sign your contract when it's too late to cancel the transaction (after the 7 day cancellation period). Which probably legally should have been given to you before you sign any paperwork at all .This book contains all of the rules ,regulations, conditions and description concerning your timeshare,etc. (AKA: the fine print they probably don't want you to see until it's too late to back out).It's ironic that on the cover there's a statement that reads " This offer contains a high degree of risk".

Somewhere in the legal proceedings, I believe that I read that there are about 80 some-odd revisions.

.

It worked for me (http://www.manhattanclubblog.com/owners/). They post info of general interest to owners, but don't expect to find any owners' comments.

fredc55 wrote:

Just received the latest MC newsletter. It states you can go to www.tmcny.com to go to "Owners’ Blog From the homepage of the Owners Website, you are able to access our Owners’ Blog. This blog will be updated weekly and will keep you connected to exclusive Owner Specials, New York City Events, and giveaways." Well, the link to the "Owners' Blog" doesn't work! SURPRISE. Guess TMC does not want us to know what actual owners have to say about TMC. SURPRISE!

We purchased a Metropolitan Suite in September of 2006 received the 3lb offering plan in November of that year. The maintenance when we purchased was $897.00 the next year it went to over $1600 I was told that a 10 year city subsidy came off and the new maintenance fee was correct. correct that was my first discovery of the sham Manhattan Club.

HOLY COW!!! EIGHTY PERCENT of the NY AG vs TMC hearing on March 11, 2016 their oral arguments focused on the Offering documents. The NY AG largely based their arguments on the many violations of the TMC Offering. NOT ONCE was it mentioned that there were other versions of the Offering. This is where we as TMC owners can act in our own interest. At that hearing Judge Rakower was only given the 89th revision of the Offering. Write to the AG and the Judge pointing out as noted on this forum: some people never got an Offering, some people got the Offering months or years later when it is too late to cancel, etc. Send a copy of the Offering plan you have to the Judge and the NY AG''s lead attorney, Serwat Farooq on this case and a letter telling your story. It is a lot of copying and letter writing. But we can move this case along faster. It is worth $50 in copying costs to have a positive conclusion to this case. Even without the Eichner's and Scott Lager's testimony the Offerings over time tell the true TMC story. The Eichners and Lager are refusing to testify for fear of criminal prosecution. But, we owners have the evidence, the Offerings. Here is the pertinent contact info:

Atty. Serwat Farooq New York Attorney General’s Office Asst. Attorney General 120 Broadway, 23th Floor New York, NY  10271 (212) 416-6240

Honorable Justice Eileen Rakower, Supreme Court of the State of New York  71 Thomas St. Part 15 New York, New York 10013 Regarding case number 451536/2014: Schneiderman vs Eichner:

Irene- Thanks so much for all your help and hard work. If we owners win this case, it will be due in no small part to your diligence.

This is from Corrine Smith, the TMC owner who instigated the two previous class action lawsuits against The Manhattan Club.

"Please understand that the Offering Plans NOT given to us at time of purchase IS A HUGE DEAL and HIGHLY ILLEGAL! Also, of great Importance is the fact that we unknowingly signed TIMESHARE AND CONDOMINIUM POWERS OF ATTORNEY, letting TMC change our DEEDS FROM RESIDENTIAL TO TIMESHARE just prior to the time of the Filing of the AG Investigation in 7/2014. Amendments over the years comprise 100'S OF PAGES that: 1. Were never sent to owners 2. Changed our Ownership Types 3. Essentially changed so much that we are unaware of and TMC GAVE THEMSELVES the RIGHT TO DO THIS in a FRAUDULENT MANNER! 4. Did anyone here know they were signing Powers of Attorney - 2 of them? THIS FACT IN ADDITION TO NOT RECEIVING OFFERING PLANS at time of sale IS VERY IMPORTANT! We tried to do a Freedom of Information Request for the Amendments back in 2010 and the gentleman at the AG's Office told us it would cost HUNDREDS OF DOLLARS to get copies! So, Please look at your papers, see that we received HUD-1 papers saying Residential Units (the code is on the paperwork), have Powers of Attorney that we did not know we signed AND were never given the hundreds of Amendments to whatever OFFERING PLAN # (on the OP) after the fraudulent purchase.

Yes, send the 17 page Offering you received from TMC to Judge Rakower and Serwat Farooq of the New York Attorney General's Office.

Here is some text from Corrine Smith to include if you like in your letter about the Offering.

"Please know that the 89th Offering Plan you are using in Court is not the one we received. The number on mine is # (fill in). TMC used legal deception to make ongoing changes without our knowledge so your arguments need to consider this issue as well as the issue of deceiving us into signing Powers-of-Attorney."

Atty. Serwat Farooq New York Attorney General’s Office Asst. Attorney General 120 Broadway, 23th Floor New York, NY  10271

Honorable Justice Eileen Rakower, Supreme Court of the State of New York  71 Thomas St. Part 15 New York, New York 10013 Regarding case number 451536/2014: Schneiderman vs Eichner:

HI--- to each of you working so hard on all our behalf-----we are out of town until mid April-thusly can not send in offering info-but will try to do so upon arrival home in NJ---N