Manhattan Club Lawsuit

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Original Message:

Re: Re: Manhattan Club Lawsuit (by Susan P.):

Steven M. Hoffberg took over Zimmerman's Manhattan Club lawsuits. This is the letter I received from him:

RE: The Manhattan Club Litigation - Acklin v. Eichner (S.D.N.Y. 1:20-cv-7042-GHW)

Manhattan Time Share

From: steve@hoffberglaw.com To: ohara147@aol.com Cc: 'JM Zimmerman'

Thu, Mar 7, 2024 at 9:28 AM

Dear Susan:

Thanks for calling out the typo. You are absolutely correct to be skeptical of unsolicited emails requesting information from you, and you should be diligent in investigating. However, this request was authentic.

I sent an update to our clients on Tuesday (see below) which unfortunately had a blocked link. This lead me to send the follow-up communication yesterday.

We’re writing to advise you that last week, the SDNY Court ruled on the defendants’ motions to dismiss our amended complaint. Please see the linked decision of the Court.

The Court dismissed our federal RICO claim with prejudice but declined to consider or provide a substantive ruling on our state law claims. The federal RICO claim was the sole basis for jurisdiction in the federal courts, and absent such claim the case cannot continue in federal court.

We are reviewing the Court’s ruling and are in the process of determining possible next steps which may include asking the Court to reconsider its ruling, appealing the ruling to the U.S. Court of Appeals for the 2nd Circuit, or filing a new case in New York State Court.

Our preliminary assessment is that the ruling dismissing claims against BlueGreen has some validity, and it may be in our interest to ally ourselves with BlueGreen against the Eichner Defendants, given pending arbitration between them that has been ongoing for more than two years now.

On the other hand, we believe that the Court erred in concluding that we did not plead particular harm to our clients. We pled that TMC is a not-for-profit membership corporation, and therefore its budget is allocated pro rata to the members with respect to their interest. Fraud in the creation of the budget directly results in fraudulent invoices sent through the mails and wire to our clients.

The Court also asserts that we did not allege particular actions by particular defendants despite our explicitly reciting in the amended complaint facts from the New York Attorney General’s investigation of the Eichner Defendants included in the Assurance of Discontinuance that set forth the resulting sanctions assessed against the Eichner Defendants for their wrongdoing at TMC, and our also submitting to the Court declarations from various plaintiffs attesting to the harm they suffered.

To assist us in deciding how to proceed, please update your contact information and describe any recent adverse interactions with TMC and its management. We are particularly interested in having you provide any particular names, places, events, and communications you have had with TMC.

Please fill out this Intake Form

Very truly yours,

Steven M. Hoffberg

Hoffberg & Associates

29 Buckout Road

West Harrison, NY 10604

(914) 949-2300 tel

(845) 625-2547 fax

steve@hoffberglaw.com

https://www.linkedin.com/in/hoffberg/