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Manhattan Club Lawsuit
Many people never received 'the book', which has become an issue. Also at issue is the fact that there have been 80 or more amendments that have not been provided to owners. Apparently there is some fine print somewhere where it appears that they had power of attorney to do such things.
Dennis C.
it appears that we're getting no answers to our queries to the attorney who approached us last week (here in this redweek.com fourm) about her establishing a class-action lawsuit (for new yorkers only ?????) on our behalf. WHAT GIVES?
gorgem wrote:I would like to also be included in the lawsuit. What do I have to do to be included?Thanks George Cody
Chris V.
Hi all, we removed the legal post until we had a chance to talk to her and assess legitimacy -- as we have with past legal mentions on this board. We will certainly post an update if there is a class action suit in the works that would be of interest.
Kylie
RedWeek.com
In regards to the non -NY- state residents' participation at the class action. NY regulation require that the plaintiffs at the class action that launched in NY state, have to be NY residents. Other residents might join the class action. The first class action' (2011, I believe) included non -NY- state residents/plaintiffs and that obstacle served the ground for the class action dismissal.
Fibo N.
fibon wrote:In regards to the non -NY- state residents' participation at the class action. NY regulation require that the plaintiffs at the class action that launched in NY state, have to be NY residents. Other residents might join the class action. The first class action' (2011, I believe) included non -NY- state residents/plaintiffs and that obstacle served the ground for the class action dismissal.
fibon, from what you wrote here, a class action lawsuit concerning TMC is strictly for residents of nys. out-of-nys residents must be part of a separate class action suit or the case will again be dismissed on the residency ground..............is that a correct assumption?
chris
Chris V.
hi kyliec, yes, as you can see from my recent post, i questioned this person: who is she? is she a TMC owner? is she a legitimate, practicing attorney (member of the bar) eligible to practice in nys..........or is she the proverbial "ambulance chaser" representing herself here as a legal advisor (attorney) who will represent nys residents in a class action suit, once the nysag hopefully wins his case? glad you withdrew her post here until important details are submitted by this person.
also we haven't heard anything from jeff weir in quite some time. is he still reporting for redweek.com?
PAX TO ALL THIS HOLIDAY SEASON!
chris
kyliec wrote:Hi all, we removed the legal post until we had a chance to talk to her and assess legitimacy -- as we have with past legal mentions on this board. We will certainly post an update if there is a class action suit in the works that would be of interest.
Chris V.
@chrisv126: the main plaintiffs have to be NY state residents. Others might join the same case/class action. @dennisl259: TMC by-laws and MC Condo by-laws are included into the ACRIS public documentation for each owner. Search ACRIS by your name and get access to the by-laws, Deed, and mortgage information. ACRIS https://a836-acris.nyc.gov/DS/DocumentSearch/PartyName
Fibo N.
Hello again to all members on this forum. Here is an update. I am still covering the machinations of the AG investigation but there has been little to report in recent months. When something of importance surfaces, we will write about it on RedWeek.
Lowell Sidney is the ONLY attorney, at this time, pursuing a class action lawsuit against the Manhattan Club. The basic grounds are that the club oversold units, thus denying access to many members.
I interviewed the attorney who was posting potential solicitations on this forum. She is definitely trying to gather New York residents for a possible case. She is using the NY Attorney General's probe, and his findings disclosed so far, as the basis of her pending complaint.
However, we advised her that direct solicitations on RedWeek are inappropriate, particularly because some people who solicit clients for various enterprises may just be setting owners up for a ripoff. We have asked other contributors to stop posting, as well, when their comments raised questions about their authenticity.
With regard to this recent posting, if the attorney follows through a files a new class-action against TMC, we will report it in real time for owners.
Two last points about legal proceedings. Doug Wasser is an attorney who represents several dozen Manhattan Club owners. He is NOT filing litigation. Instead, he works as a liaison with the AG's office. His view, as we have reported previously, is that the AG is doing all of the work that could be done, at this time, because his office has the resources to pursue the Manhattan Club. Private attorneys, in contrast, don't have comparable resources to wage a long and expensive court fight.
The second point is that the AG's case appears to represent the best, and only, hope for owners at this time. While there is no certainty of a conclusion, or terms that would benefit owners, it is the only game in town. So do yourselves all a favor during the holiday season. Pay, or don't pay, your TMC maintenance fees, enjoy your reservations if you can get them, but don't make any of it an obsession. Life is too short. Make the most of it.
Jeffrey W.
Last edited by jeff_reports on Dec 13, 2016 07:46 AM
hi jeff, happy holidays. your reportage has been of good value to us owners of TMC. "but don't make any of it an obsession. Life is too short. Make the most of it." i agree with your thoughts, but when people are losing it all: $$$$$ and lack of reservation time, an obsession becomes somewhat of a dark cloud for many, with little sunshine coming through. personally, i follow this obscene scenario created by the master director ian bruce eichner, but thankfully and fortunately, i'm not completely hurting financially; however, i despise losing money (and/or value) when the loss is created by fraud and scamming such as this issue shows so clearly.
again, happy holidays and
PAX TO ALL INVOLVED IN THIS FORUM AND TO ALL AT REWEEK.COM AT LARGE.
CHRIS
jeff_reports wrote:Hello again to all members on this forum. Here is an update. I am still covering the machinations of the AG investigation but there has been little to report in recent months. When something of importance surfaces, we will write about it on RedWeek.Lowell Sidney is the ONLY attorney, at this time, pursuing a class action lawsuit against the Manhattan Club. The basic grounds are that the club oversold units, thus denying access to many members.
I interviewed the attorney who was posting potential solicitations on this forum. She is definitely trying to gather New York residents for a possible case. She is using the NY Attorney General's probe, and his findings disclosed so far, as the basis of her pending complaint.
However, we advised her that direct solicitations on RedWeek are inappropriate, particularly because some people who solicit clients for various enterprises may just be setting owners up for a ripoff. We have asked other contributors to stop posting, as well, when their comments raised questions about their authenticity.
With regard to this recent posting, if the attorney follows through a files a new class-action against TMC, we will report it in real time for owners.
Two last points about legal proceedings. Doug Wasser is an attorney who represents several dozen Manhattan Club owners. He is NOT filing litigation. Instead, he works as a liaison with the AG's office. His view, as we have reported previously, is that the AG is doing all of the work that could be done, at this time, because his office has the resources to pursue the Manhattan Club. Private attorneys, in contrast, don't have comparable resources to wage a long and expensive court fight.
The second point is that the AG's case appears to represent the best, and only, hope for owners at this time. While there is no certainty of a conclusion, or terms that would benefit owners, it is the only game in town. So do yourselves all a favor during the holiday season. Pay, or don't pay, your TMC maintenance fees, enjoy your reservations if you can get them, but don't make any of it an obsession. Life is too short. Make the most of it.
Chris V.
I recently saved the Manhattan Club phone on my new cell phone. Now, every time, I open my phone an add for the MC shows up it reads ' Stay Longer and Save" up to 20% off, when I try to close it , it takes make to reservation.. Has anyone gotten this spam?
David H.
if this is TMC, i wouldn't view it as spam.................FRAUD IS MORE LIKE IT.
davidh1203 wrote:I recently saved the Manhattan Club phone on my new cell phone. Now, every time, I open my phone an add for the MC shows up it reads ' Stay Longer and Save" up to 20% off, when I try to close it , it takes make to reservation.. Has anyone gotten this spam?
Chris V.
I received the update below from attorney Douglass Wasser November 15, 2016 for an article I wrote for Inside Timeshare concerning all the timeshare lawsuits I am aware of: http://insidetimeshare.com/2016-end-year-review/ Of note is another Attorney General (Colorado) pursuing fraudulent timeshare sales and resales and the $20 million jury award to a Wyndham whistle blower as reported by Pulitzer winner Gretchen Morganson of the NY Times The Manhattan Club Attorney Douglass Wasser represents 30 Manhattan Club defendants. “To my knowledge there has been no dismissal of any Manhattan Club proceeding at this point. The NY Attorney General investigation is proceeding, and the motion to dismiss a currently pending class action suit has been adjourned to January 5, 2017 for now. Three prior class action suits at the Manhattan Club have been dismissed. But, at least for the time being, the current class action still survives,” Mr. Wasser reported November 15. 2016 http://www.reuters.com/article/manhattan-club-ruling-idUSL1N18U0DL
Irene P.
Last edited by irenep59 on Dec 31, 2016 07:55 AM