Manhattan Club Lawsuit

Zimmerman law suit is the last train For us and all of us need to get aboard and invest a few dollars. Now our membership is worth Nothing on the open market if u try to sell and if we can get justice we will again have something of value again. I personally have not paid current fees as I am 72 and am prepared to let them take it away but I am gladly paying into suit On the hope that we get back some control and stop feeding the greedy bastards. So let’s show action and support. Sid feldman

hey roberto,

i hope to hear of others who are "on board" to bombard all board of directors, especially the non-sponsored members: patricia, bill, and bob.

thanks to fibon's help, i copied his entire message here, this is the listing of board members with each of their emails. one email written to each of their email addresses, listing whatever complaints you have and appealing to their business sense and fairness, especially concerning the exorbitant maintenance fees (which we all have as a common complaint) and any other unsatisfactory issues you have experienced, e.g,, difficulties with reservations, should be included along with your email address for a response from the board. you should ask specifically for a response at the end of your email. FYI.....WIRSHBA AND REALE ARE (I BELIEVE) CO-DIRECTORS OF OPERATIONS AT TMC. IF NOT, I KNOW FOR SURE SAL REALE IS T H E DIRECTOR.

here's a copy of fibon's generously supplied list of board members and their individual emails:

Stuart Eichner – President, Board Member Scott L. Lager – Vice President, Board Member Joshua A. Wirshba – Board Member Salvatore P. Reale – Board Member

Stephen Prial Sponsor Board Member email: timeshareboard@manhattanclub.com Weejen Lynch Sponsor Board Member email: timeshareboard@manhattanclub.com Kim Fries Sponsor Board Member email: timeshareboard@manhattanclub.com Ada Grzywna Sponsor Board Member email: timeshareboard@manhattanclub.com Patricia Soltys Non-Sponsor Board Member email: patti.tmcny@gmail.com James Dunphy Non-Sponsor Board Member email: jdunphytmcny@outlook.com Robert Ballot Non-Sponsor Board Member email: bbb174@aol.com

i'm hoping more of us owners will follow your lead in reaching out to the board of directors. it will take so very little time to email them, and who knows, we just might get some deserved satisfaction in the long run. thanks for your cooperation in the most important matter.

keep in touch

chris

robertp1079 wrote:

Chris - I'm on board to write like crazy to the Board. I hate to ask this dumb question, but where can I find their email addresses?

Timesharing Today just posted a youtube interview with Zimmerman about his observations re: Noard Meeting, and the restraining order he just got against the board. You can search in Timesharing Today if this link doesn’t survive posting here: https://youtu.be/-DZYk5GL3rk

hi dennis, thank you for sharing the recent and very informative "timesharing today" broadcast. although it contained a rehash of the myriad TMC owners' complaints, it better-explained zimmerman's stance and possible astuteness and expertise in the field of timeshare litigation, especially getting the restraining order. if he gets the complete list of owners (with information necessary to communicate with them) we would then have somewhat of a cohesive balance of power vs the imbalance that the very business-savvy ian bruce eichner created (along with his mega group of well-versed new york attorneys and TMC company associates). the former nys attorney general, although his case produced incredible evidence of large-scale fraudulent activities by eichner, produced a luke-warm if not downright cold "settlement" of the case. eichner should currently be behind bars along with his cohorts who assisted him in continuing his fraudulent operation, obviously not the case. we owners should have benefitted financially and otherwise with a different and realistic outcome of scheidermans'botched-up litigation proceeding and results. also of interest, how many owners have paid zimmerman's initial $1250 fee to date?

i hope you will continue to monitor zimmerman's progress regarding initializing TMC litigation. your reported information will give us owners more issues to consider on whether or not to join zimmerman's proposed lawsuit. chris

dennisc283 wrote:

Timesharing Today just posted a youtube interview with Zimmerman about his observations re: Noard Meeting, and the restraining order he just got against the board. You can search in Timesharing Today if this link doesn’t survive posting here: https://youtu.be/-DZYk5GL3rk

Hello. Would anyone have a copy of the Manhattan Club bylaws or would know where I could get them? Thank you.

This was an issue early on in the NYSAG’s legal attempts. Apparently there are over 80 revisions to the bylaws, and TMC did not update owners about changes. So, to my way of thinking, it’s not clear what force or value the bylaws are... I think this is yet another legal issue: can I be held to a version that differs from the one I was provided, and they unilaterally changed something materially significant with no process of notifying me of the changes?

I want to give the timeshare away and just don't want the expense of the association fees. I am 70 years old and have a perfect credit history and feel like just abandoning it. It is a shame what has happened to the members.

I'm writing to them.

hi barbara, at least we have some choices for action: 1, this one is free................. BOMBARD TMC BOARD OF DIRECTORS with all of our complaints and financial distress. email them using their individual email addresses when sending.

AND/OR

2. join the lawsuit which will cost $1250 and may be worth the monetary outlay. i am seriously considering this action. FYI, if you didn't know, i already wrote the board and received a somewhat neutral and unsatisfying response from patricia soltys, a non sponsor board member (and an owner like us, to boot.) this appeal for all of us to write (email) might make the current board take us seriously. i, being only one complainant, seems not too convincing as evidenced by the response i received.

keep in touch.

chris

I'm writing to them.

barbarat368

Yes, thank you for sharing that YouTube link Dennis! (For those who missed it: https://youtu.be/-DZYk5GL3rk).

Chris - I was unaware of a $1250 fee to join Zimmerman's lawsuit. It will be interesting to learn more. And FWIW, I agree that it is reprehensible that Eichner is not in jail. Really, I want to know why this hasn't been attended to? This wouldn't be allowed to happen if it was uncovered in any other industry, so why is ok in the timeshare industry? That may be a naive question on my part.

All -- At the end of the video above, Mr. Zimmerman provides his email address (JMZ@TMCsuit.com) if you want to learn more about the lawsuit. I wrote to him and also provided our full mailing address and contact information.

chrisv126 wrote:

hi dennis, thank you for sharing the recent and very informative "timesharing today" broadcast. although it contained a rehash of the myriad TMC owners' complaints, it better-explained zimmerman's stance and possible astuteness and expertise in the field of timeshare litigation, especially getting the restraining order. if he gets the complete list of owners (with information necessary to communicate with them) we would then have somewhat of a cohesive balance of power vs the imbalance that the very business-savvy ian bruce eichner created (along with his mega group of well-versed new york attorneys and TMC company associates). the former nys attorney general, although his case produced incredible evidence of large-scale fraudulent activities by eichner, produced a luke-warm if not downright cold "settlement" of the case. eichner should currently be behind bars along with his cohorts who assisted him in continuing his fraudulent operation, obviously not the case. we owners should have benefitted financially and otherwise with a different and realistic outcome of scheidermans'botched-up litigation proceeding and results. also of interest, how many owners have paid zimmerman's initial $1250 fee to date?

i hope you will continue to monitor zimmerman's progress regarding initializing TMC litigation. your reported information will give us owners more issues to consider on whether or not to join zimmerman's proposed lawsuit. chris

dennisc283 wrote:

Timesharing Today just posted a youtube interview with Zimmerman about his observations re: Noard Meeting, and the restraining order he just got against the board. You can search in Timesharing Today if this link doesn’t survive posting here: https://youtu.be/-DZYk5GL3rk

Thank you! I have written to the non-sponsor Board members and will keep you posted. If I don't hear back, I will continue to write.

fibon wrote:

Last year' list of the TMC Board Directors:

Stuart Eichner – President, Board Member Scott L. Lager – Vice President, Board Member Joshua A. Wirshba – Board Member Salvatore P. Reale – Board Member

Stephen Prial Sponsor Board Member email: timeshareboard@manhattanclub.com Weejen Lynch Sponsor Board Member email: timeshareboard@manhattanclub.com Kim Fries Sponsor Board Member email: timeshareboard@manhattanclub.com Ada Grzywna Sponsor Board Member email: timeshareboard@manhattanclub.com Patricia Soltys Non-Sponsor Board Member email: patti.tmcny@gmail.com James Dunphy Non-Sponsor Board Member email: jdunphytmcny@outlook.com Robert Ballot Non-Sponsor Board Member email: bbb174@aol.com

roberto, very glad you wrote. a suggestion: write to all board members' email addresses, including patricia, bill and jim's in one email to each individual email address.

tell your fellow owners to email the board. keep the rhythm going.

keep me posted.

chris

https://youtu.be/-DZYk5GL3rk

Interview that lawyer did with timeshare.com

Hi Chris - Yes, that's what I did. I don't know any other owners, but hopefully many of them are on this thread and will write!

Also, I wrote to the email address Zimmerman provided at the end of the video and all I got back was a retainer form to sign and send money.

Does anyone have hope that they will re-instate the buy-back program? Maybe I'm holding on to hope that won't ever happen and my only choice will be to trash our credit or be held hostage with unaffordable fees. Sigh.

By the way -- this is Kathy (Rob's wife). I have no idea why Rob's name is showing as my user name - I've changed it multiple times.

chrisv126 wrote:

roberto, very glad you wrote. a suggestion: write to all board members' email addresses, including patricia, bill and jim's in one email to each individual email address.

tell your fellow owners to email the board. keep the rhythm going.

keep me posted.

chris

I haven't written the board yet. I am sort of considering joining the lawsuit, but I don't think so....I listened to the link and it provided a little more info about JMZ (of which there is not much in general) and it was good to hear him speak. He did sound like an intelligent, well spoken man. It's too bad we couldn't see him also. Don't feel so good about the fact that some people have shared that they didn't hear back from him and some say he just sends the form to signup and ask us to send money. I googled his mail address which was provided on his website can't find 233 Watchung, (232 is a beautiful $2 million home) On his website it says "our firm" and shows pictures of Court Buildings... Every year I go to the club for a week and I end up speaking with at least 3 other couples, some know about the investigation/settlement, others don't and all are fine with the way things are...they just accept the fees. So, I am not yet convinced that this is the route to go for me. It doesn't feel right to hire a lawyer based on so little information or not see or speak to JMZ and just hand over money.

sueo79 wrote:

https://youtu.be/-DZYk5GL3rk

Interview that lawyer did with timeshare.com

Attorney confirmed the owners are welcomed at the hearing at the NY Supreme Court on Aug.29 (if it's not postponed). The Judge ruled no action can be taken by the Board until the Hearing. Limbo. Seems the Board should avoid any kind of communication and actions until then.

I would suggest to request at the hearing the list of owners where additional data is presented, not only names and contacts of owners. Some owners purchased more than one interest, some owners are business entities, many interests have two names on Deeds. On the top there are numerous BG purchasers (beneficiaries) who obtained fractal interests like 0.93, 0.95, 1.12, 1.115, 1.118 etc.

Parks Central and TMC Association own(ed) big inventory; highly likely they avoided to pay maintenance fees for their owned interests therefore that hole had to be funded by the 'regular owner' payments and rentals.

Indexed list of TMC owners should include the owner' name, contact, unit number, and type of interest per EACH unit for EACH year 2009 - 2018 (agreement with BG goes back to 2010). Such list is the only way to get a clear picture on whether and when TMC was oversold, why reservation system failed, fees skyrocketed, and developer' control was not discontinued.

deborahs528,

I have joined the lawsuit.

There is a risk, and the considerations you point out are valid, but for me, there were two overriding considerations.

First, I am not going to pursue this lawsuit on my own, and JMZ seems to be a straight shooter. He is not doing this for free, and there may even be more money needed, but the cost is FAR less than what I would spend on my own.

Second, there are no other realistic options. This forum seems to be more of a self-counseling, therapy help group than a group that is willing to take any action or, more importantly, contribute ANY money to a solution, although there's a lot of encouragement for others to do so.

So, yes there is a risk, and yes, there may be a lot of "free-riders" who pay nothing and get some of the benefits, but I am willing to live with that.

The fact is that TMC lied to us, and they will continue to take advantage of us through ever-increasing fees with no way to stop them without going through lawyers and the legal process.

craigr32 wrote:

deborahs528,

I have joined the lawsuit.

There is a risk, and the considerations you point out are valid, but for me, there were two overriding considerations.

First, I am not going to pursue this lawsuit on my own, and JMZ seems to be a straight shooter. He is not doing this for free, and there may even be more money needed, but the cost is FAR less than what I would spend on my own.

Second, there are no other realistic options. This forum seems to be more of a self-counseling, therapy help group than a group that is willing to take any action or, more importantly, contribute ANY money to a solution, although there's a lot of encouragement for others to do so.

So, yes there is a risk, and yes, there may be a lot of "free-riders" who pay nothing and get some of the benefits, but I am willing to live with that.

Good for you Craig...you, like the rest of us are entitled to make our own decisions. I see the purpose of the forum to share info and ideas... At the moment my intuition, which I trust, is guiding me. I have participated in a lot of action in these past 5 years...but I am not going to pursue an action for the sake of just doing it because there is no alternative, esp when it involves putting out more money (which you may have plenty of) and a lawyer, of whom I can find very little information. Good luck!

The owners list should be requested for all owners not just from 2009 or 2010. In a 2012 court document TMC filed papers showing 18, 271 owners.

Timesharing Today interviews with 3 owners who attended the Board Meeting : https://youtu.be/5rb-2IZoYWo