Manhattan Club Lawsuit

Chris,

I think the timeframe will be determined by the willingness of the Eichners to settle, and that depends on the strength of the NYAG's position.

My framework is based on what I know about the way the SEC works in securities cases. I remember that lawyers used to say that you do not mess with the SEC because a bad result can put you out of business.

That is why so many are settled, in my opinion, and I think the Eichners face that "going concern" risk here.

So, if the NYAG follows this pattern, expect a long time with no activity while they prepare their case, and then expect things to happen pretty quickly.

Finally, any settlement reached by the NYAG does not preclude further lawsuits from the owners, but I would expect that the defendants would want to avoid individual action and try to settle with a class.

But, this is all speculation on my part, and I have no special insight to what the NYAG strategy is or what they want.

We are in our 80's and so appreciate all help in getting out of this scam- NH

If it appears that the A.G. is going to prevail in the fraud case, it very well could be that Eichner might be advised by his attorneys to seek a plea deal as the fraud charge being criminal could result in a jail term. As part of a plea deal to avoid that, Eichner could agree to repay those owners who have filed complaints with the court. That's just speculation but it is plausible especially in light of the fact that Eichner claims that there are very, very few disgruntled owners.

Consider me as one of the disgruntled!

Has anyone tried to file a claim in small claims court- Would be just for the years fees, and the fact that they have broken the contract re you can't book a room unless you pay at least 6 months prior to your original contract date. If it is possible let us know???

Can foreigner (I'm Finnish, living in Finland) file a claim in small claims court in USA?

Well, I got up early, took the train, then the subway, went through security, got to the courtroom early, sat down, and waited. A guy next to me told me he'd traveled that morning from Philadelphia to be at the hearing. We waited a bit, then at about 10:45 the guy next to me asked the court officer about the Manhattan Club hearing, and was told, there wouldn't be any. She told him to speak to someone at the front of the courtroom. We went up, the guy at the front of the court mumbled something about the hearing was canceled, and if we wanted to learn anything more we should "talk to the lawyers." When I asked "What lawyers?" he mumbled something about "Call Schneiderman at the Attorney General's office." So we left, and I walked to Chinatown and had a spectacular wonton and noodle soup with roast duck at Wonton Garden on Mott.

As a Realtor, I am so confused as to how these crooks set the records to indicate we had a mortgage. We paid cash !! We never signed or received disclosures regarding a mortgage. I told the Attorney General and hope they can further prove in the courts that these guys are criminals

Hi Mariong29, That has happened to me twice before, get my train in Philadelphia, get a taxi to the court house, only to find out that the hearing has been cancelled. By the end of the day, I have spent over $140.00 plus my time off from work.

My husband and I also took the 120 miles RT drive from eastern LI to attend the TMC public hearing this morning. We arrived there late because of the traffic and was told that the hearing was cancelled. We asked the court officer who cancelled the hearing and he told us that no motion was presented and therefore no hearing and if we need more information to contact the AG office. No future hearing is scheduled. This is the second TMC public hearing we tried to attend and it was cancelled. Despite our frustration, we went to Chinatown and had a delicious lunch of wonton noodles and roast pork/chicken rice. We also took advantage of the beautiful weather to visit the Tenement Museum tour which was just wonderful. We will try to attend the next hearing whenever it is....

I just received the MC proxy vote. It says I must vote yes for three and abstain for one. When I get to the ballot, I'm given a choice of for and against. I voted all four against. These people are Eisner flunkies as far as I can see. Is my vote disregarded because I didn't vote as instructed? If so, this ballot is a joke.

the absurd humor of it all is, as quoted from the MC PROXY EMAIL, "As a Manhattan Club Owner in good standing, you are entitled to vote the slate of candidates nominated for the three Non-Sponsor positions positions available on the Board of The Manhattan Club Timeshare Association, Inc. " well folks, as a member NOT IN GOOD STANDING, not having yet sent in my maintenance fees so far, they still sent me this "generous opportunity" to vote for these, in my opinion, non sponsor losers and turncoats. they're supposed to be acting in owners' behalf. i have yet to see evidence of any action taken by them in our behalf; as a matter of fact quite the contrary appears to be true.

chris volpe

So, is it the consensus that it would be better not to vote? Maybe they won't get their quorum. When did the nomination process occur? Were any of us owners given the chance to nominate someone else? Shouldn't there be an opportunity for an "other" or write-in nomination? We should all write in Irene. Patty H.

patty, are you not totally aware yet that eichner and his henchmen do AS THEY PLEASE, WHEN THE PLEASE. it seems a fair thought that other nominations should have been given a chance, but eichner has a way always getting his way, in any way he can. and, to answer your question, my suggestion would be to vote NO (OR AGAINST) FOR EACH CANDIDATE. AND YES, YES YES, IF WE HAD A OPPORTUNITY WE SHOULD ALL HAVE WRITTEN IN IRENE SMALL'S NAME ON THE BALLOT. SHE'S A WINNER IN ANY CASE! but that scenario wasn't presented by his fraudulent majesty, ian bruce eichner, and for good reason, to his benefit, of course.

KEEP IN TOUCH,

chris volpe

pattyh59 wrote:

So, is it the consensus that it would be better not to vote? Maybe they won't get their quorum. When did the nomination process occur? Were any of us owners given the chance to nominate someone else? Shouldn't there be an opportunity for an "other" or write-in nomination? We should all write in Irene. Patty H.

Thank you for the compliment Chris. I called the Attorney General's Office the day before the hearing. I was told the hearing was on. Apparently the hearing was cancelled 9:30 the same morning. We had no notice. It is still important we show up. I will go again. The fact that the judge and the judge's clerk know there are real people affected by the Manhattan Club fraud has an impact on them.

Irene Smalls

Hi. My parents have been MC timeshare owners for years and I am trying to help them get out of it. (1 BR, 1 Bath, silver, Sun-Thu, 52 weeks/yr). They haven't used it in years and due to my father's age and health they are no longer able to, and as everyone knows the fees are ridiculous. My mother asked me to put an ad on ebay for $1 but before I do that I'd just like to become aware of any options. I called the NYAG office to ask about the lawsuit and left a message. Any help getting caught up with this (before I read 114 pages of this thread) and with the following questions would be greatly appreciated!

1. Is it possible to join the class action lawsuit? Or are you automatically part of it if you are an owner? Mom said she was told she was on a waiting list to have the MC take back the timeshare upon completion of the suit. I am not sure if this means she is part of the class or not.

2. What is the risk in not paying the fee? She was told it would affect her credit rating. What are the experiences of people who have tried this?

3. What are the thoughts about trying to "sell" very cheaply now or not (which would probably mean taking an additional net loss paying closing and transfer costs)? Is there a chance that there will be a larger settlement, or MC being forced to purchase the unit back as opposed to just giving it back to them?

Again, any help/info is greatly appreciated.

I also travelled to downtown NYC on June 14,2016 to anxiously attend hearing for NYS AG/ Manhattan Club to find that hearing had been cancelled that morning. If I understood correctly it was stated that there would be no further hearings regarding this matter as the judge had heard enough and will be coming out with a decision.Looking forward to that!

gerards23..................., i hope all the gods are on our side concerning your understanding: " it was stated that there would be no further hearings regarding this matter as the judge had heard enough and will be coming out with a decision.Looking forward to that!" at this point we need all the etherial (or otherwise) help we can get. please keep us posted with additional developments as you observe them.

thanks for the info. keep in touch.

chris cfox863@gmail.xom

gerards23 wrote:

I also travelled to downtown NYC on June 14,2016 to anxiously attend hearing for NYS AG/ Manhattan Club to find that hearing had been cancelled that morning. If I understood correctly it was stated that there would be no further hearings regarding this matter as the judge had heard enough and will be coming out with a decision.Looking forward to that!

1) I believe we are all already part of the class action lawsuit. The Waiting List for the MC to buy back your mom's timeshare is a fraudulent delay tactic to get you to pay your maintenance fee. It doesn't actually exist. (I've been on this "List" for 6 years with no results.) If the lawsuit prevails, being on this list wouldn't help. I would think everyone would be entitled to the same settlement.

2) I do not know the risk of not paying the fee but I have not paid my maintenance fee the last 3 years because I will not give in to this extortion or fund their legal battle. It has not impacted my credit.

3) You can try to sell it on ebay and leave someone to hold the bag but in my clear conscience I couldn't leave someone else with this headache. I am just holding on to see if the system will prevail. If so, hopefully all of us owners may get more that $1 from someone ebay.

This is just my 2 cents.

The NYSAG's case against TMC isn't the same as a class action law suit. THE AG is enforcing NY State law, and prosecuting what he believes are violations. It's not clear what would happen if the AG won everything. He and the Judge would have to decide what happens if found guilty of whatever parts of the case. That DOES NOT mean that the AG's case will automatically result in some kind of settlement for 'owners'. He could let them off with a fine and promises to mend their ways.. or something much more drastic. There IS an attorney (see previous pages on this topic) who is trying to get a CLASS ACTIONS law suit certified... Not sure who becomes a member of the class or how that will be determined IF... that cases gets approved as a Class Action.