Manhattan Club Lawsuit

ohhh, yes,

TMC is cleverly disgusting and deceptive, but MAYBE just about within the bounds of legality (AND MAYBE NOT) BUT CERTAINLY NOT MORALITY. how schneiderman, who works for new york state and IS AN ELECTED OFFICIAL AS ATTORNEY GENERAL, has permitted this case to drag on as long as it has is beyond my comprehension and reason. even non-residents of nys would reap the benefits of his victory in this case. schneiderman has proof positive, by his own undercover investigations, of the deceptive sales practices that the sales department presented at the direction of the TMC principal, ian bruce eichner, to the unwary purchasers. the exponentially and exorbitantly high maintenance fees per ownership week are public knowledge, well above (about 350%) most other timeshares. all of this incriminating evidence is laid out plainly for all to see. WHY THE VARIOUS DELAYS AND COURT DATE POSTPONEMENTS? WHEN DOES THIS WASTE OF TIME AND STATE MONEY STOP WITH THE CESSATION AND WINNING OF THIS APPARENTLY CRIMINAL CASE?

billj285 wrote:

Wow, do you think you have a REAL property there? It's a timeshare and not real property. You will never be able to sell it let alone give it away. Things you must tell a buyer... That the contract legally binds heirs, successors, and assigns to inherit all financial and legal obligations under contract. That timeshare developers and their management companies can add, delete, modify, terms, conditions, and usage rights without the owners’ consent…

Did the salesperson explain to you, the resort has; RIGHT OF FIRST REFUSAL which is often confused FIRST RIGHT OF REFUSAL? -GA- Well they do that on purpose. RIGHT OF FIRST REFUSAL means the Resort can legally reject any buyer, for any reason and the Resort will just deny the sale forcing you to keep it anyway.

..................this RIGHT OF FIRST REFUSAL and FIRST RIGHT OF REFUSAL is just confusing legalese and mumbo jumbo, and this language doesn't stop here. it would take brilliant attorneys totally familiar with the laws governing timeshares to translate this nonsense (to most of us) into everyday language that most of us understands.

does any of us here in this forum have any clue concerning these issues? if so, please share your knowledge with us defrauded and victimized purchasers of this "wonderful" (LOCATION ONLY, BY NO MEANS MANAGEMENT) timeshare. we all will have lost a great deal of money and value if this case isn't settled in a manner that will benefit us all. this should be apparent to all legal personnel, both prosecution and defence, and, overall, the court.

chris

I have emailed several times, but have never received confirmation. Can you tell me if I am on your list?

Thanks, Lynn Swett.

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

Very unfortunately, this is the way our "justice" system seems to work or not work. It's all about convoluted contracts, delays and legal wrangling. More unfortunately, Mr. Schneiderman is doing all this on behalf of the State of NY, not the owners of the club. As far as what I have read and understand, he wants is to win and collect big fines for NY...and maybe have some flunky serve 6 months. At least Judge Rakower is on our side and has advised/promoted the idea that the owner's should be considered/included in any negotiations/settlement. Whether we will be or not, remains to be seen. If Schneiderman wins...then we as owners have more of a chance at a class action suit, but no guarantees that it would be successful and how long would that take? So far any such attempts have been thrown out of court.

chrisv126 wrote:

ohhh, yes,

TMC is cleverly disgusting and deceptive, but MAYBE just about within the bounds of legality (AND MAYBE NOT) BUT CERTAINLY NOT MORALITY. how schneiderman, who works for new york state and IS AN ELECTED OFFICIAL AS ATTORNEY GENERAL, has permitted this case to drag on as long as it has is beyond my comprehension and reason. even non-residents of nys would reap the benefits of his victory in this case. schneiderman has proof positive, by his own undercover investigations, of the deceptive sales practices that the sales department presented at the direction of the TMC principal, ian bruce eichner, to the unwary purchasers. the exponentially and exorbitantly high maintenance fees per ownership week are public knowledge, well above (about 350%) most other timeshares. all of this incriminating evidence is laid out plainly for all to see. WHY THE VARIOUS DELAYS AND COURT DATE POSTPONEMENTS? WHEN DOES THIS WASTE OF TIME AND STATE MONEY STOP WITH THE CESSATION AND WINNING OF THIS APPARENTLY CRIMINAL CASE?

billj285 wrote:

Wow, do you think you have a REAL property there? It's a timeshare and not real property. You will never be able to sell it let alone give it away. Things you must tell a buyer... That the contract legally binds heirs, successors, and assigns to inherit all financial and legal obligations under contract. That timeshare developers and their management companies can add, delete, modify, terms, conditions, and usage rights without the owners’ consent…

Did the salesperson explain to you, the resort has; RIGHT OF FIRST REFUSAL which is often confused FIRST RIGHT OF REFUSAL? -GA- Well they do that on purpose. RIGHT OF FIRST REFUSAL means the Resort can legally reject any buyer, for any reason and the Resort will just deny the sale forcing you to keep it anyway.

..................this RIGHT OF FIRST REFUSAL and FIRST RIGHT OF REFUSAL is just confusing legalese and mumbo jumbo, and this language doesn't stop here. it would take brilliant attorneys totally familiar with the laws governing timeshares to translate this nonsense (to most of us) into everyday language that most of us understands.

does any of us here in this forum have any clue concerning these issues? if so, please share your knowledge with us defrauded and victimized purchasers of this "wonderful" (LOCATION ONLY, BY NO MEANS MANAGEMENT) timeshare. we all will have lost a great deal of money and value if this case isn't settled in a manner that will benefit us all. this should be apparent to all legal personnel, both prosecution and defence, and, overall, the court.

chris

To whom it may concern,

We are owners at the Manhattan Club I would consider joining this lawsuit. I haven't paid my fees in the last two years because we are considering giving up the time share property. We have not been able to confirm any of the dates we wanted.

What are you asking for as damages and what are you expecting from us? What are the expected outcomes and time lines?

Kind regards, Angelo Mylonakis 514-830-4900

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

Angelo, this is an investigation by the Attorney General of NY, Eric Schneiderman, into the fraud of Bruce Ian Eichner/The Manhattan Club. It is not a lawsuit (the title of the forum is misleading). If you want to understand what is going on, I suggest you go back several or more pages in the forum and catch up and/or go to the articles written by Jeff Weir, a journalist with Redweek who has been reporting on the situation for the last 3 years or more. His articles can be found on the Redweek website and are an excellent synopsis of the situation.

amylonakis wrote:

To whom it may concern,

We are owners at the Manhattan Club I would consider joining this lawsuit. I haven't paid my fees in the last two years because we are considering giving up the time share property. We have not been able to confirm any of the dates we wanted.

What are you asking for as damages and what are you expecting from us? What are the expected outcomes and time lines?

Kind regards, Angelo Mylonakis 514-830-4900

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

It's not as hard to get out of these contracts as consumers think. Most companies are putting it in their budget to pay for cancellations now. I know my old site budgeted for a few million because they know there are MANY companies now that are assisting with cancellations.

The reason many companies often collect fees upfront is because no one wants to pay someone to get them out of their contract...... a lot of people feel as though they lost twice if they have to pay ANOTHER fee just to cancel something they have paid a ton of money into. Once the consumer is free and clear of their deed or contract they fail to pay the company that helped cancel their contract. Just being honest of how it works and why some companies ask to be paid upfront.

Whats even more sad is when we get calls that people want help SELLING their timeshare. That's like selling someone a lemon car. Many timeshares are for list for sale for $1 on eBay because they just want relief from MF.

Timeshares aren't necessarily bad, it's just people aren't properly taught how to purchase them.

alexcrystal22@gmail.com bounces back my emails. Does anyone else have ideas about who we might contact at this point? Thanks!

lynns333 wrote:

I have emailed several times, but have never received confirmation. Can you tell me if I am on your list?

Thanks, Lynn Swett.

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

The alexcrystal person was booted off of redweek because he/she was soliciting for customers which is agains Redweek policy. This happened many months ago. Redweek may have also thought or discovered it to be a bogus email/identity. If you go back into the history of this topic, you'll find several lawyers who are representing some TMC 'owners' by helping them understand what's happening. But I don't believe that there are any active lawsuits or class action suits other than the Attorney General's case. Some have tried to get cases going, but the courts have ruled against them so far.

To my knowledge, there are NO pending lawsuits or class action cases against the Manhattan Club. Prior attempts to launch class actions have failed. The only pending case is the NY AG's fraud investigation of the club and its owners. I have interviewed several attorneys who are ready to file cases against the club. However, they are waiting for the AG's case to conclude and, perhaps, resolve some of the issues plaguing owners. Most importantly, no private attorney can match the resources or budget of the AG, whose investigators have been probing the club's operations since 2014. The next scheduled hearing on that case is June 29. If anything transpires there, we will report it on this forum and other RedWeek pages.

Owners might be interested in watching the latest episode of "Million Dollar Listings" featuring Bruce Eichner and his latest real estate project. Very interesting. Go to: https://ny.curbed.com/2017/6/23/15858494/million-dollar-listing-new-york-recap-shigeru-ban

We'd like to attend the next hearing June 29 but how do we know if it's cancelled or rescheduled? We would have a 2 hr ride so we'd like to know ahead.

jeff_reports wrote:

To my knowledge, there are NO pending lawsuits or class action cases against the Manhattan Club. Prior attempts to launch class actions have failed. The only pending case is the NY AG's fraud investigation of the club and its owners. I have interviewed several attorneys who are ready to file cases against the club. However, they are waiting for the AG's case to conclude and, perhaps, resolve some of the issues plaguing owners. Most importantly, no private attorney can match the resources or budget of the AG, whose investigators have been probing the club's operations since 2014. The next scheduled hearing on that case is June 29. If anything transpires there, we will report it on this forum and other RedWeek pages.

Is the case still on Thursday at 2:30 pm? Where will it be held? We live in CT and were thinking of going. Is this advisable? Thanks! S. Knoll

Consistent with past scheduled hearings, the June 29th TMC hearing on attorneys' fees has been postponed to July 27, according to a stipulation approved by both sides and filed with the court on June 26th. The delay is attributed to "ongoing settlement discussions," an issue that has been floated before to delay prior court hearings. July 27th hearing at 2:30 pm. If you have questions about any of this, you may contact the Eichner attorneys at 212-351-3850 or the AG's attorneys at 212-416-8122. Ask for Mylan Denerstein, now representing Eichner, or Louis Solomon, now carrying the case for NYAG Eric Schneiderman. Both parties filed the stipulation simultaneously June 26th with nary an explanation about any of it.

I think it is always a good idea to attend the hearing as an owner to show interest in the case. I also plan to attend if they do not change the date again. It happened couple of times in the past for the TMC lawyers to postpone the hearing at the last moment. The hearing is usually held at Honorable Justice Eileen Rakower's court, Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013. You may want to confirm with the AG office: 212-416-8122/212-416-6240.

the absurdity of the number of postponements and delays regarding this investigation/lawsuit (or whatever else one wants to dub these proceedings) is out of hand. this scenario gets more ridiculous as the case proceeds. new yorkers should now look at these delays as a waste of their tax assessment dollars: consider the fact that the new york state attorney general is a new york state elected official, and new yorkers are paying his and his staff's salaries. does anyone in this forum know of a way of speeding up this legal process: some higher official/arbitrator (or whomever else in a new york state official capacity)? i have heard of capital crime cases come to a more reasonably-timed conclusion. it appears that ian bruce eichner has been proven to have committed fraud (and other illicit actions) in his position as a principal in management of TMC, from the time mr schneiderman proceeded with his undercover investigation. it seems like there is undeniable proof positive of this issue directly from tapes obtained from this investigation during sale presentations.

we purchasers and deeded owners of weeks at THE MANHATTAN CLUB, and new yorkers in particular, are suffering financial and reservation time loss, yet eichner and his partners and directors continue to reap the benefits of ownership/directorship/management of THE MANHATTAN CLUB. at this point, i do not see that justice is being served appropriately or in a timely manner.

really, there must be an official, someone who can come to our "rescue" and bring this case to a fair conclusion within a reasonable time. i believe that this case has continued for over three years: time wasted unnecessarily primarily due to all of the delays and postponements and legal positioning WHILE OWNERS/PURCHASERS ARE TRYING MANY DIFFERENT AVENUES TO OFFSET THEIR HUGE LOSSES: TRYING TO SELL THEIR WEEKS FOR $1.00 ON EBAY, OFFERING THEM FOR NOTHING, GOING TO SOLICITORS LIKE TIMESHARE EXIT TEAM AND OTHER SIMILAR FIRMS, AND OVERALL BECOMING MEGA LOSERS OF MUCH OF THEIR CAPITAL AND THE GOOD TIMES AND RESERVATIONS THAT THEY WERE PROMISED AT EICHNER'S SALES PRESENTATIONS.............IN ADDITION TO THE EXORBITANTLY AND EXPONENTIALLY RISING MAINTENANCE FEES.

TO THOSE DIRECTLY INVOLVED IN THE TMC COURT PROCEEDINGS : HONORABLE JUSTICE RAKOWER, MR SCHNEIDERMAN AND THE ATTORNEYS FOR IAN BRUCE EICHNER/THE MANHATTAN CLUB: please bring this case to closure without further postponements, delays or stipulations and move on to equitable and fair conclusions to plaintiffs and defendants, offering TMC timeshare purchasers the rights they were promised at the sales presentation prior to buying into this venture.

jeff_reports wrote:

Consistent with past scheduled hearings, the June 29th TMC hearing on attorneys' fees has been postponed to July 27, according to a stipulation approved by both sides and filed with the court on June 26th. The delay is attributed to "ongoing settlement discussions," an issue that has been floated before to delay prior court hearings. July 27th hearing at 2:30 pm. If you have questions about any of this, you may contact the Eichner attorneys at 212-351-3850 or the AG's attorneys at 212-416-8122. Ask for Mylan Denerstein, now representing Eichner, or Louis Solomon, now carrying the case for NYAG Eric Schneiderman. Both parties filed the stipulation simultaneously June 26th with nary an explanation about any of it.

Earlier on someone made a comment about how the AG addressed the issue with Trump and his university so quickly. I didn't feel that it was any kind of political statement as did someone who wrote in. The truth is, look at how quickly the AG dealt with that...and we are going on 4 years now, and after fraud has been established because the AG caught TMC at it. I have to assume that there are things that I don't see or understand about how the system works. I will remain hopeful that in time this will be resolved.

I just spoke to Ryan Goodland an attorney at the AG's office regarding the TMC law suit today. He told me the hearing has been postponed to July 14, 2017 at 10am. Do confirm with the AG's office when the time gets closer.

This email address bounces back to me. Does anyone have any info on who we can contact? We all need some guidance.

lynns333 wrote:

I have emailed several times, but have never received confirmation. Can you tell me if I am on your list?

Thanks, Lynn Swett.

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

See June 26 posting on this topic

Please send us the survey to join the lawsuit. Names on the contract are Debbie A Schlueter and Alan R Chinnock. Unit number is 2510. You can reach me at debsellstravel@comcast.net. Thank you