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Re: Manhattan Club Lawsuit (by joy):

LC, I went to court on 1/28/20 with the intent to prove my case of breach of contract. You have to show 4 elements: 1) there was a contract (I paid about $25K twice for two contracts, one in 2002 and one in 2007) 2) that I held up my end of the contract (I paid all of my maintenance fees on time if not way in advance due to their fraudulent billing practices) 3) that they breached their end of the contract (we all know that story too well: lies at point of sale, continued misrepresentation [maintenance fees would only go up 2-3% per year, they'd only bill us on the anniversary date, etc.], this investment is like "money in the bank", we could easily get access to our timeshare, that it was a private owners club, etc. 4) that I was harmed by their breach of contract (yep, out of more than $50K, still paying outrageous maintenance fees, have these timeshare weeks that I didn't want and cost more money to use, am basically saddled by a toxic burden/contract for my heirs, etc.)

I think I basically proved my points to the judge. Samman, their lawyer, and Wirshba said I used my time so I shouldn't have any complaints, and that I got the Offering Plan which said timeshare shouldn't be an investment (we all know that they sold it as an investment and you were under high pressure sales and really didn't have time to read the whole catalog if you even got it!)

Unfortunately, I didn't have CERTIFIED COPIES of the NYAG's AOD, 138, 380 and 411 to present at court. Samman tried to say that the AOD said you can't use ANY of the NYAG docs in any other court case, which is a BALDFACE LIE. Read #74 in the AOD which explicitly says that ONLY the AOD can't be used in another court case and they can lie about it. You can use the NYAG's press release about the AOD and the CERTIFIED (get stamped copies from city officials) 138, 380 and 411 docs which have AMPLE evidence of their wrongdoing and breach of contract if you want to start a court case against them.

The judge will render a decision and mail it to both parties. Here's to hoping he rules in my favor. One of my closing arguments was that I did nothing wrong and it's not my responsibility to verify that they're following the rules they made up and agreed to, ie, holding up their end of the contract.

We'll see what happens next.