Manhattan Club Lawsuit

Did he offer to buy back for $100? How do I sign up for that deal? I do pay my maintenance fees but hate RCI and being tethered to this time share, I want to cut my extreme losses and not continue to add to them. How do I find out about that offer? Thanks

howardb21 wrote:

Chris, you post the same thing every time you post : "STOP PAYING MAINTENANCE FEES "Thats not the Answer, I have been involved in fighting TMC since 2006 regarding Mt.Fees,but I still pay my fees, as its still better than staying at a Hotel if you like NYC, you might fine a deal on hotel rates for say $245.00 per. night but afther tax and fees its really $300.00 per.night,have two kids or friends with you and its $600.00 per.night and it will not be as Nice as TMC, do you know that TMC has a 8.5 rating and a 9.5 for location higher that the Waldorf,yes Eichner is a scam artist ,and if one can't afford the super high MT.. then of course Don't pay them,you can't afford them you can't afford them,but if one likes NYC and you already bought and can afford the fees,enjoy, I Do,let the AG do his thing ,if he does not win anything for us owners, I am sure Eichner will open up back his offer of take back for $100.00 its not about the $100.00 but you walk away not stiffing other owners to pick up none paying owners tab. you don't want to pay Don't But PLEASE stop telling other owners what to do

'

I inherited 2 timeshares...I "gave" one back for $100 in June 2014. The deal stalled because the investigation went into effect, so the $100 and the final papers I am to receive, never happened and won't until this is resolved. TMC is prohibited to act on any kind of sale or buyback until there is a resolution to the investigation or until they are permitted by the AG to do so. The one good thing for me is the transaction went far enough that I haven't had to pay the fees since.

joanw112 wrote:

Did he offer to buy back for $100? How do I sign up for that deal? I do pay my maintenance fees but hate RCI and being tethered to this time share, I want to cut my extreme losses and not continue to add to them. How do I find out about that offer? Thanks

howardb21 wrote:

Chris, you post the same thing every time you post : "STOP PAYING MAINTENANCE FEES "Thats not the Answer, I have been involved in fighting TMC since 2006 regarding Mt.Fees,but I still pay my fees, as its still better than staying at a Hotel if you like NYC, you might fine a deal on hotel rates for say $245.00 per. night but afther tax and fees its really $300.00 per.night,have two kids or friends with you and its $600.00 per.night and it will not be as Nice as TMC, do you know that TMC has a 8.5 rating and a 9.5 for location higher that the Waldorf,yes Eichner is a scam artist ,and if one can't afford the super high MT.. then of course Don't pay them,you can't afford them you can't afford them,but if one likes NYC and you already bought and can afford the fees,enjoy, I Do,let the AG do his thing ,if he does not win anything for us owners, I am sure Eichner will open up back his offer of take back for $100.00 its not about the $100.00 but you walk away not stiffing other owners to pick up none paying owners tab. you don't want to pay Don't But PLEASE stop telling other owners what to do

'

howardb21,

you're absolutely right: if you want to use your time at TMC, obviously, maintenance fees must be paid. i have paid the fees myself if and when i want to use the facilities AND IF I CAN CONFIRM THAT RESERVATIONS WILL BE AVAILABLE.

what i mean is, stop paying maintenance fees in general. owners can easily find out reservation availability by calling TMC. then they can (over) pay for use, i.e., ...................MAINTENANCE FEES.

OTHERWISE, A NON-EXISTENT CONTRACT (AS VOIDED BY TMC ITSELF............AND ALL ITS PRINCIPALS, INCLUDING EICHNER, FOR THEIR LIES, FRAUD, SHAM, AND THE NYS ATTORNEY'S INVESTIGATIVE FINDINGS, ET AL) DOES NOT REQUIRE MAINTENANCE PAYMENT.

keep in touch.

chris

deborahs528 wrote:

I inherited 2 timeshares...I "gave" one back for $100 in June 2014. The deal stalled because the investigation went into effect, so the $100 and the final papers I am to receive, never happened and won't until this is resolved. TMC is prohibited to act on any kind of sale or buyback until there is a resolution to the investigation or until they are permitted by the AG to do so. The one good thing for me is the transaction went far enough that I haven't had to pay the fees since.

joanw112 wrote:

Did he offer to buy back for $100? How do I sign up for that deal? I do pay my maintenance fees but hate RCI and being tethered to this time share, I want to cut my extreme losses and not continue to add to them. How do I find out about that offer? Thanks

howardb21 wrote:

Chris, you post the same thing every time you post : "STOP PAYING MAINTENANCE FEES "Thats not the Answer, I have been involved in fighting TMC since 2006 regarding Mt.Fees,but I still pay my fees, as its still better than staying at a Hotel if you like NYC, you might fine a deal on hotel rates for say $245.00 per. night but afther tax and fees its really $300.00 per.night,have two kids or friends with you and its $600.00 per.night and it will not be as Nice as TMC, do you know that TMC has a 8.5 rating and a 9.5 for location higher that the Waldorf,yes Eichner is a scam artist ,and if one can't afford the super high MT.. then of course Don't pay them,you can't afford them you can't afford them,but if one likes NYC and you already bought and can afford the fees,enjoy, I Do,let the AG do his thing ,if he does not win anything for us owners, I am sure Eichner will open up back his offer of take back for $100.00 its not about the $100.00 but you walk away not stiffing other owners to pick up none paying owners tab. you don't want to pay Don't But PLEASE stop telling other owners what to do

'

Chris FYI my mom is an owner and I am helping her with this. I advised her to stop paying the fees, which she has, especially since she can't even use TMC anymore and hasn't in a number of years. Seems the worst that could happen is that they take back the share, which would be a fine solution!

This all started for me when she asked me to try to sell her share for her on ebay for $1.00 just to get out of the fees. I couldn't believe that people couldn't sell them for a dollar so started doing some research which led me here.

Anyway, posting in all caps about all their transgressions notwithstanding, my point was that any details of what exact parts of the contract they breached is surely helpful, although as you mention they may already have all that as part of the investigation. At any rate, hope this gets settled at some point in the not too distant future!

alexc100 wrote:

MC owners opened a lawsuite / class action in regards to the MC resrvations.

Everyone who is inerested to join the class action please contact me at alexcrystal22@gmail.com

You will be asked to fill out the Survey and send it or email the lawyer's office. It is urgent! Regards, Alex

Please send me the details. Thanks.

MANHATTAN CLUB OWNERS CAN ATTEND THE NEXT NEW YORK ATTY GENERAL HEARING ON THE TMC FRAUD Date: Friday, 3/31/17 Time: 2:30pm

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:

Can Owners of TMC attend the hearing?

I am very sorry for your loss.

Wait to see what will happen with the outcome of this investigation. We are all in the same boat as you are. Holding on to something that we paid for and are getting nothing from the purchase. They have broken their contract commitments several times throughout the process of selling and assigning timeshares.

Let's hope we all get some satisfactory resolution to the situation. Those who want to keep can and those that want to walk away can also do that with peace of mind and resolution. We will hang in until that time. I too was willing to give back my timeshare because of the extreme frustration and headaches with this ownership.

I received this message from my lawyer yesterday in reference to the class action lawsuit. Not good news! From: Lowell Sidney <Lowell@sidneylaw.com>

Sent: Tue, Mar 21, 2017 11:13 am Subject: Re: Manhattan club

Unfortunately the case was dismissed before Judge Kornreich last week. I am looking into whether this decision could be reversed on appeal.

susanp816,

perhaps you should publish the reason for the dismissal of sydney's class action lawsuit. how many more dismissals will continue to be handed down by the court and for what substantial reason?

i cannot understand these judicial dismissals of TMC class action suits brought before the court. could it be that eichner, a former ny attorney, has any influence involving these dismissals? or could it be that the plaintiffs'/TMC owners attorneys involved screwed up their presentations sufficiently to deserve a dismissal of a class action suit?

overall this/these suits (the nys attorney general's and the various private attorneys' class action suits) have continued on while we, the innocent owners of the sham/fraud-ridden TMC timeshare, continue to suffer financial losses, loss of our reservation rights, and other vagaries because of TMC'S fraudulent actions. these court issues need to be settled by other legislative intervention: the nyc mayor, ny governor, senators, congressmen and other legislators who can influence and speed up the legal processes. i believe the principals of TMC, eichner and crew, are laughing in owners' faces as well as in the faces of the nys attorney general and private attorneys. TMC continues to rake in millions since they are still able to use TMC as a hotel and sell the accommodation on travel/hotel websites while still, in many cases continue to collect owners' maintenance fees. where does justice fit into this scenario?........................................................... IT DOESN'T.

i hope this influences TMC owners to start and continue a massive letter-writing campaign to the above-referenced nys legislators making them aware of the lies, fraud, misrepresentations, lack of trasnsparency (bogus sales pitches) and in particular the illegal practices that the new york state attorney general, eric scheiderman discovered and disclosed in his undercover investigation of TMC.

keep in touch.

chris

susanp816 wrote:

I received this message from my lawyer yesterday in reference to the class action lawsuit. Not good news! From: Lowell Sidney <Lowell@sidneylaw.com>

Sent: Tue, Mar 21, 2017 11:13 am Subject: Re: Manhattan club

Unfortunately the case was dismissed before Judge Kornreich last week. I am looking into whether this decision could be reversed on appeal.

Chris and others - I'm not at all surprised the class actions are being dismissed. Until the NYAG's investigation is completed, and with the sales moritorium, no other lawsuits will progress, nor would you want them to. Also, from my understanding of class actions, they exist only when the parties ( plaintiffs) are NOT known. Like everyone who bought Levi jeans. That's when courts allow class action lawsuits. All TMC owners are known because there is a paper trail somewhere for every sale - most likely with recorded deeds and signed agreements. Parties to a class action never hire attorneys or pay to join the suit. They are notified by the court that they may have a claim. I hate to read all these posts. I too am waiting for the AG to finish, and hope it's soon, as the time has come. Hang in there everyone.

If you want to be on the "I Want Out of the Manhattan Club" list, please state that and email me directly. Put "I want out" in subject. I am compiling names and email addresses. I can't get email addresses from this site. I have already sent 220 names to the attorney general and the justice in the current investigation by the NY Attorney General's office. When the list mounts up again, I will send the additional names. This is nothing official and I am just another owner trying to figure out what to do and how to help. Send to: franciemann@gmail.com

Yes, it is a public hearing.

vanessa175 wrote:

Can Owners of TMC attend the hearing?

My mother-in-law bought 2 units at the Club that we have inherited. I looked at the big book she was given at the time of purchase and on the cover it states that this investment presents big risks. I just received an e-mail from Trip Advisor advertising the Manhattan Club as a five star hotel in New York City. When I paid my maintenance fee for the penthouse I was told to hold on to my unit because they are not EVER going to sell any timeshares again. They have closed all their offices at the Manhattan Club property. Doesn't mean they won't, or haven't, opened up shop somewhere else. I am now paying, if I can get a room, $500 a night. It's not even close to a 5 star.

George M. Cody gmcdent@gmail.com

Thanks

Chris, I received this message back from the attorney when I asked him why the class action suit was dismissed:

There were issues with Statute of limitations, inability to demonstrate a breach, and that there is no private right of action under the Martin Act.

On Mar 21, 2017, at 9:45 PM, Patrick OHara <ohara147@aol.com> wrote:

What was the reason for the dismissal? Sue OHara

-----Original Message----- From: Lowell Sidney <Lowell@sidneylaw.com> To: Patrick OHara <ohara147@aol.com> Sent: Tue, Mar 21, 2017 11:13 am Subject: Re: Manhattan club

Unfortunately the case was dismissed before Judge Kornreich last week. I am looking into whether this decision could be reversed on appeal.

Becky FitzMaurice rlfitzma@uci.edu

Thank you for compiling this list!

The sales office at TMC is closed for the time being on the orders of the AG. When the investigation started the AG forbade any further sales, which included buy backs by the club. I gave one of two timeshares back (that I inherited) for $100. I no longer pay fees, but I did not receive the final paperwork or the $100 because TMC was prohibited by the AG to go through with any deals that were in the works as of June of 2014. One day, depending on what happens, they may be able to sell again. Who knows? These investigations and legal wrangling take a long time. Our situation is not the only situation with which the AG is dealing. Add to that the main attorney on TMC case recently left and was replaced and the AG is now looking into Trump/fraud re: Trump University.. in addition to whatever else is on his plate.

marionf26 wrote:

My mother-in-law bought 2 units at the Club that we have inherited. I looked at the big book she was given at the time of purchase and on the cover it states that this investment presents big risks. I just received an e-mail from Trip Advisor advertising the Manhattan Club as a five star hotel in New York City. When I paid my maintenance fee for the penthouse I was told to hold on to my unit because they are not EVER going to sell any timeshares again. They have closed all their offices at the Manhattan Club property. Doesn't mean they won't, or haven't, opened up shop somewhere else. I am now paying, if I can get a room, $500 a night. It's not even close to a 5 star.

since this case, NYSAG VS TMC, has gone on for about 4 years, it seems to me that the "public" and owners may attend the upcoming hearing is a moot point. we all used to think that the more of us owners attending the hearing, the better the chance of the court ruling to our benefit.

SORRY FOLKS, I PERSONALLY THINK NOT. we can attend the hearing for our own first-hand information, but the judge has been made very aware of TMC owners' financial and other hardships related to TMC over the past 4 years. we still are in limbo regarding our rights and any restitution of our TMC investment even though proven evidence of fraud and misrepresentation perpetrated by TMC has been presented to the court. this evidence has been shown to the court via the NYSAG'S undercover investigation of sales misrepresentations and other fraudulent practices by TMC.....and the case goes on and on without any signs of resolution.

so, attend the court hearing for your own reasons, but don't expect your presence to make any difference. this reasoning also goes for the annual SHAM -RIDDEN TMC BOARD OF DIRECTORS MEETING COMING UP SOON. TMC RUNS THE MEETING AS THEY SEE FIT TO RUN IT WITHOUT REGARD TO THE OWNERS' OPINIONS IF THEY ARE EVEN PERMITTED TO SPEAK.

keep in touch.

chris

viviens2 wrote:

Yes, it is a public hearing.

vanessa175 wrote:

Can Owners of TMC attend the hearing?

WRT the AG case, the conclusion of which we are all waiting for, the last session from 3/21 was reported as follows

IT IS HEREBY STIPULATED by and between the undersigned counsel, that: I . Because of ongoing settlement discussions, oral argument shall be adjourned on Respondents' pending motion for relief from the asset freeze to pay legal fees (Dkt. No. 368). 2. Oral argument on Respondents' motion (Dkt. No. 368), shall be heard on June 29, 2017 at 2:30pm, a time that is convenient for the Court. 3. This Stipulation may be executed in one or more counterparts, each of which, when executed, shall be deemed to be an original, and a facsimile copy of this Stipulation shall have the fuII force and effect of an original for all purposes.

I am not a lawyer and perhaps Jeff and others can comment but my interpretation of this is that the case is now out of the hands of the Judge and that the parties are negotiating a settlement. If that is the case then arguing over legal fees is moot. In my experience with civil cases- once the discovery and positioning is over, they settle. In addition the Judge in her earlier comments seemed critical of the defendants. Putting all this together I think they will settle. How we end up , of course, is uncertain.