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Re: Manhattan Club Lawsuit

hello garyp151 and all other posters/frustrated owners (but no friendly "hello" to the TMC plants reading the posts): There is a clear-cut way out, though laborious, time consuming, and requiring a disciplined approach. You need to do research, access the AG documents, and go to the courthouse often at 111 Centre Street, NY. Start by going to the court website and downloading the self-help guide on bring a case as your own lawyer (called PRO SE), and you can go to the court house for free consultation help and guidance in prosecuting your case. Get your facts and paperwork together. Develop your argument for breach of contract (up to $25,000); add up your dollars lost on the purchase of the contract and its execution, broken promises made at point of sale, and evidence of how YOU'VE been denied access to your purchased services (access to TMC). Get the AG documents for INDEX 451536/2014 (court case), documents NYSCEF DOC. NO. 138, 329, 411 and the Assurance of Discontinuance, 17-149 as some of your evidence; it's freely available on the Court website. Go to the Courthouse and file a COMPLAINT AND SUMMONS with the back up evidence to send with the summons, and pay the court clerk CASH (about $47 or so). Take your summons and have them served. You can ask the Sheriff at 66 John Street (2nd floor?), NY to serve the SUMMONS and pay them $86 by CHECK or MONEY ORDER (no cash), but be aware that the Sheriff will mail you the service documents which you have to file with the court at 111 Centre St. If you live out of town, it would be easier to pay a process server who will file the papers with the court for a fee. You have to provide the Sheriff the address of service, and you can try serving at the address 200 W. 56th Street, NY 10019, or their O &T Park's Articles of Incorporation give ALLAN STARR, ESQ., STARR ASSOCIATES LLP, 245 FIFTH AVENUE, SUITE 1102, NEW YORK, NEW YORK, 10016 as the registered agent of service. When the papers are filed, I think you set up your first hearing date at the Court. The defendants (Ian Bruce Eichner and whomever is on your sales/deed, like O Park, T Park or whomever) have to ANSWER you within a few weeks, and they'll basically say, not us, we didn't do it, you're the one at fault for buying it or something to that effect. You'll probably get some lawyer from Romer Debbas LLC as their current, contracted legal representatives. Your next step is to serve INTERROGATORIES as part of Discovery. Keep your questions straightforward, simple, short answers. Avoid "all, every" type questions, no fishing expedition questions. Just ask for verification of the facts of your being denied access, incidences or timelines of their breach of contract with YOU, etc. You're not trying to convict them for criminal behavior or being frauds; you're trying to get your money back and get out of the contract. Keep it clean and cool. They'll probably RESPOND to your discovery demands by basically saying irrelevant, doesn't address the issues, fatally flawed argument, etc. You'll have to file a NOTICE OF A MOTION TO COMPEL, and you take the MOTION to the judge to present why you need them to answer your questions/INTERROGATORIES to argue your case. You can look up all of these procedures online, get explanations and examples; be as specific as you can to New York Civil Courts. Currently, the TMC principals are dealing with 4 civil suits and 2 tax suits. The internet is an awesome, incredible resource to learn the basics of being your own lawyer. p. s. I would pay my maintenance fees to avoid them having anything over me for not holding up my end of the contract. I think the Court would look more favorably on me if I'm not in arrears.