Manhattan Club Lawsuit

The Manhattan Club's request for a hearing June 22nd on whether to dismiss the Eichners from the case and vacate other parts of last July's injunction is now an object of contention. The AG filed a brief June 15 requesting a three-week postponement of the proposed hearing to July 13, based in part on assertions that the AG plans to reveal more substantive complaints against the club and its principals, the Eichner clan. Here's the gist of what the AG filed in court. "(The Eichners) have now filed two motions to partially vacate and curtail Justice (Arthur F.) Engoron's order, claiming that the order was improperly granted and that NYAG's public investigation should end. It is NYAG's position that the motions are baseless in law and fact and it is Respondents that have repeatedly missed deadlines, refused to provide discovery in a timely manner, and failed to comply with Justice Engoron's order. Nonetheless, to properly counter Respondents' motions, NYAG is diligently preparing opposition papers that not only refute Respondents' claim that the order was improperly granted, but also provide numerous additional grounds -- based in part on information uncovered pursuant to the order since it was granted -- that further demonstrate the propriety and necessity of the order." Gerald Shargel, the lead attorney for the Eichners and their co-respondent companies, fired back in a same-day brief, claiming there was no justification for a postponement given the fact that the AG has already a spent year investigating the Eichners "slowly" with no tangible result. The two sides are also arguing over which court should hear the motions --- the Commercial Division or another jurisdiction --- but that smacks of forum-shopping by both sides to find the best venues for their legal arguments. If you enjoy legal fist-fights, the court files are extremely educational. Highly recommended for all owners!

How do we vote? We have not received a ballot or proxy form from the Manhattan Club. Thanks, Patty

I truly appreciate the efforts made on here to provide such good, detailed information.

We will be staying at TMC in August (will just miss the meeting date) and it will be interesting to see if anything appears different with regard to service, etc. We were there last July and had no idea then about all of this. I had gone to the sales office to inquire about selling and was told they do not handle resales, and that we'd have to handle it on our own. This was surprising since when we bought a few years ago that was not the case.

Thanks folks... Hoping for a positive outcome to all of this craziness!

No receipt of a proxy ballot either

Jame687

Record the meeting!

pattyh59, to get a ballot call THE MANHATTAN CLUB MEMBER SERVICES AND HAVE ONE SENT VIA EMAIL OR USPS. ALSO WHILE YOU'RE SPEAKING WITH MEMBER SERVICES, ASK FOR TICKETS FOR THE AUGUST BOARD OF DIRECTORS MEETING. AS AN OWNER YOU'RE ENTITLED TO THESE TICKETS. HOPEFULLY EICHNER WILL HAVE TO CHANGE THE VENUE OF THE MEETING TO ACCOMMODATE ALL WHO ARE ENTITLED TO ATTEND.

keep in touch.

chris

pauld220, hi, chris here. i read your comments here with some dismay. "We were there last July and had no idea then about all of this.".....this leads me to wonder how many other owners were/are unaware of this fraud and scam and the fact that the eichner clan is in court via the NEW YORK STATE ATTORNEY GENERAL, ERIC SCHNEIDERMAN'S "INVITATION." THAT BEING SAID, IT IS IMPERATIVE FOR ALL OF US SHAREOWNERS TO TRY OUR BEST TO GET THIS INFORMATION (SPECIFICALLY THE REALITY OF THE LAW SUIT CONCERNING THIS SCAM/FRAUD) TO AS MANY OTHER OWNERS AS POSSIBLE.........IE, ALL OF THEM. IF YOU WILL, CALL MEMBER SERVICES FOR TICKETS TO THE AUGUST BOARD OF DIRECTORS MEETING. YOUR CURRENT PLANS SEEM TO PREVENT YOU FROM ATTENDING, BUT IT COULD BE INTERESTING HOW PLANS CHANGE!!!!! GET YOUR TICKETS IN THE EVENT OF A CHANGE OF PLANS!!!!! JUST CALL. THEY ARE OBLIGATED TO SEND YOU TICKETS.

keep in touch; don't stop fighting and don't give up the ship. we're still breathing and we have a relatively good chance of being properly remunerated for our issues with the manhattan club developers.......just ask bernie madoff/family and employees.....DO YOU NOTE ANY SIMILARITIES HERE?

chris

this message for patty59

AND

jamesg658

CALL THE MANHATTAN CLUB MEMBER SERVICES DEPT FIRST THING (AFTER 9AM, NEW YORK TIME) TOMMOROW.....DO NOT PUT IT OFF!!!!!!!!!!!!! REQUEST A BALLOT TO VOTE. ALSO, REQUEST YOUR TICKETS (RESERVATIONS) TO ATTEND THE MC BOARD OF DIRECTORS MEETING ON AUGUST 4, 2015. AS SHAREOWNERS, YOU'RE ENTITLED TO THESE TICKETS. NEW YORK CITY IS FANTASTIC IN THE SUMMER, SO YOU CAN MAKE YOUR POWERFUL PRESENCE FELT AT THE MEETING THEN SIGHTSEE, SHOP (BRING YOUR FAVORITE CREDIT CARDS AND MUCHO $$$$$) AND JUST "DO" NYC AS YOU SEE FIT.

SHOW THIS INFO TO ALL OF YOUR FELLOW SHAREOWNERS WHO MAY NOT KNOW OF OUR MISFORTUNE OF DEALING WITH FRAUDS AND SCAMMERS.

keep in touch.

chris

RedWeek, TimeSharing Today and National Timeshare Owners Association Host Meeting for Manhattan Club Owners Aug. 2 in New York City

All TMC Owners Invited to Attend to Learn about Progress of the AG’s Case and Discuss Next Steps for Owners

To RSVP and get further information email: jeff@redweek.com. Subject Line: MC Meeting. Please Include your complete contact information when replying

SAVE the DATE:

All Manhattan Club owners who are anywhere near Manhattan on Aug. 2 are invited to attend a special owners’ meeting to hear experts talk about the Attorney General’s investigation and discuss practical owner issues, including maintenance fees and future reservations. This open meeting will be held from 1:30-5:30 p.m. Sunday Aug. 2 at a midtown hotel, convenient for any guests who are already registered to attend the MHC HOA board meeting on August 4.

The meeting is being hosted by TimeSharing Today, RedWeek.com and the National Timeshare Owners Association. Legal experts and representatives from the AG’s office and Manhattan Club are invited to participate, as well.

To receive complete details about the meeting, please RSVP to: jeff@redweek.com.

Here are some of the issues that will be discussed at the meeting. • The AG’s case: provide update on status of case and possible outcomes. • The Aug. 4 board meeting at TMC: owner strategies for proxies and participation • Practical owner issues: should I pay maintenance fees while this investigation continues? Impact on credit rating? • What happens to my ownership if another company buys the Manhattan Club?

Again, if you are an owner at the Manhattan Club and would like to attend the meeting on August 2nd, RSVP now to jeff@redweek.com. Subject: MC Meeting, Upon receipt of your RSVP, we will send details about the meeting location.

Jeff, Is there any way this could be streamed or recorded for those of us who can't get to New York?

great idea; we are already looking into it and will report back on possibilities later.

Do you have a place and time for the meeting??

Read Jeff's long post. It's 1:30-5:30 at a midtown hotel. He'll tell you where if and when you RSVP to him, as outlined in his post.

has anyone heard from/about irene smalls? i haven't seen her comments at redweek.com in a long time. hope she's well and ready to continue to contribute to our "cause" here.

looking forward to "hearing" from you , irene.

chris

Hi Chris,

Thank you for your concern. I am alive and well. I have been reading the emails and posts. I intend to stay involved.

All the best,

Irene Smalls

Please let us know about the online version of the meeting. We are very interested in hearing all the details! Will you be posting the way we can join in on the meeting on the RedWeek link??

hey, irene, good to read you're "alive and well" and to see your notes in print at redweek.com.

hope you can make both upcoming meetings.....pre MC on 8/2/15 and THE INFAMOUS MC meeting 8/4/15.

stay well,

chris

We moved from NJ to Colorado 3 years ago due to our advancing age and need to live with one of our married daughters; hence, we cannot attend the meeting. Nevertheless, we are "in there" with you'all - purchased in 2000, lost a number of weeks, thoought it best to abstain until we read all the emails. Just advise us what we can do to strengthen the case. Barbarad439

For everyone who is curious, we have had a tremendous initial response to our posting about the Aug. 2 meeting. In fact, we are researching larger rooms to accommodate the owners who say they want to attend. We are also looking into streaming options (live or archived) to reach those who live far away.

However, our top priority is to drive attendance at the meeting to show others --- including the AG, club officials, the national timeshare community and the NY news media --- how important it is to drive a positive outcome for owners in the Manhattan Club. Other HOAs and owner groups (AND DEVELOPERS) are watching this event because it could represent the beginning of a movement by timeshare owners for fair treatment, guaranteed reservations, dignified exit strategies and, most of all, real customer service for timeshare buyers who spend many thousands of dollars to prepay for their vacations. A small turnout will signal timeshare developers that no one cares --- which means, it's a green light for developers to continue to strong-arm buyers into lifetime contracts that they may not be able to afford. So I encourage all Manhattan Club owners to see this case for what it is: it's not about you and your weeks, but about ALL timeshare owners who have difficulties with one-sided contracts, arbitrary reservation rules, and inaccessible HOA boards that turn a deaf ear on your concerns. Time to speak up, and show up.

One last note: today we invited Attorney General Eric Schneiderman to personally attend our Aug. 2 meeting.

I am definitely interested in this meeting Aug 2. I will be able to be in NYC for it. Mp lease let me know what I have to do to attend

Janice Ferriss