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Original Message:

Re: Manhattan Club Lawsuit (by John D.):

I am not an attorney. You can interpret the info below for yourself at the website: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=SWtRnve6XjlLy3RObuqN8Q==&system=prod On 3/14/2014 MC argued again to dismiss this case against them that is "seeking damages and injunctive relief in connection with allegations of deceptive practices in the sale of interests in and the making of reservations at the Timeshare, and asserting causes of action for violations of New York General Business Law § 349, breach of the implied covenant of good faith and fair dealing, and injunctive relief." The MC management claim, "the Complaint alleges deception in the sale of timeshare interests because of the supposed failure to disclose the Timeshare’s practice of renting rooms to the general public, but the Timeshare’s offering plan received by each buyer of timeshare interests prior to the purchase expressly disclosed (a) the Timeshare rents rooms to the general public, (b) reservations are made on a “first come, first served basis,” (c) reservations are subject to the availability of rooms and (d) there is no guaranty that an owner will be able to obtain any particular reservation requested" A group of NY state owners, since this is a New York State court, claim that by renting over 90% of the available units to the public their time shares are virtually worthless which would breech the good faith covenant. If the result of this lawsuit is an injunction forcing the MC Timeshare Association board to have a majority of owners (not Eichner associates) who could then fire Urban Management because of these public booking practices, we could then actually use the timeshares. Otherwise, the Eichner's give us no choice but to withhold maintenance fees for services not rendered.