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Re: Manhattan Club Lawsuit

I am the attorney posted about giving back our 2 floating weeks for which we paid about $40k, and remain in good standing on our maintenance. We no longer need our weeks and will be giving them back for the $100 (or $200)....or nothing. That’s personal to our situation. But the gift law I stated is VERY clear cut. In order to have a valid gift in NY, there are 3 requirements that must be fulfilled: 1. Intent of the donor to make a gift of whatever is given 2. Evidence of the delivery of the property that is given. With real estate, the evidence is typically a deed. If it was a gift of money, the evidence would be a check or delivery of the cash. If it were a gift of artwork, the Picasso (or whatever) must have been physically delivered to the donee. 3. Acceptance of the gift by the donee. Under NY (& most states’) common law, acceptance of gifts is presumed, unless the gift is proven to have been rejected. This is a common sense rule of law: most people accept gifts; they do not reject them. So, as I said in my previous post, if you want “out” (you can accept the $100 route of course), all you need do is execute a proper-in-form NY deed of your interest to TMC and send it to them, taking care to record it first with the N.Y. County Clerk’s office. If TMC doesn’t return the deed or take some other action evidencing their rejection of your gift, then the common law presumption of acceptance will have been satisfied.....and you are then an EX-TMC owner....