Manhattan Club Lawsuit

Everyone should STOP paying them their maintenance fees! We have rights as well as they do! We have been scammed long enough! They are using our exorbitant fees to cover other expenses. You see how the Park Central has been totally renovated in past years? Who do you think paid the money to renovate it? I believe they used TMC owners fees to help renovate his "other" hotel. It took years to do upgrades to TMC. It still looks the same as it did in 2004, with minimal improvements, yet the hotel next door has gotten a totally new look! We received new sleeper sofas, flat screen TV's, some new carpeting. None of this adds up to what they gotten in fees from Owners for maintenance, plus renting our rooms out to the public, and selling rooms to Blue Green, and out to RCI for trading. I think it has finally caught up to them! I pray it has!

Key to being represented and heard by the Attorney General, the Judge and TMC is making apparent the number of us that have been damaged by this defendant; ie, at least the 3,826 owners within New York State.

Is anyone aware of where a list of we owners may be accessed? Have you seen a list of names anywhere within the court filings and documents? It would be great, and appropriate in the course of the investigation, for the Attorney General's office to notify every owner of the fact that this case is now pending against TMC.

Though the clear majority of TMC timeshare owners have been wronged, I would guess that relatively few have come across this website and therefor have no idea this lawsuit exists, and therefore have no voice.

The AG's office, or we, must somehow get the word out to all owners!

Hi,

I created a petition to Eric Schneiderman, New York Attorney General which says:

" ALL, 3,826, New York State Manhattan Club owners should be notified of your investigation of The Manhattan Club. "

Please consider notifying all 18,480 TMC owners as well.

Will you sign this petition? Click here:

http://petitions.moveon.org/sign/ag-schneiderman-tell?source=c.em.cp&r_by=10286027

Thanks!

Irene Smalls

Thanks again Irene ... I have signed the petition. We now have around 168 signatures. Are there other forums and threads your petition invite can be listed upon so that we reach more owners? What are there some 21,000 Manhattan Club timeshare owners?

Likely sites to advertise the petition are any which reference "how to sell your timeshare"!

I did contact the assistant Attorney General, Serwat Farooq, and received a reply in the mail. In the letter it stated that they were aware that there were more than 14,000 Manhattan Club owners and in the future they would possibly contact me for additional information. I also signed the petition. Perhaps everyone who signs the petition should also be encouraged to post information on Facebook about the investigation and requested to ask all FB friends to repost so that others who are Manhattan Club owners might be informed through re-postings.

Anywhere you can post the petition asking the Attorney General to notify all TMC owners of his investigation please feel free to post it.

I am asking all TMC owners and parties interested in the Manhattan Club case to post the petition as many places as possible on websites, forums, threads, tweet it, email it and Facebook it. There is strength in numbers. If we get 5,000 signatures the Attorney General's office has to notice.

Charles,

You are right. Most Manhattan Club owners don't know about the Attorney General's investigation of the Manhattan Club. That is partially how TMC has managed their scam for so long. ALL TMC's 18,480 owners have 200 W. 56th Street as their address in the New York State Real Estate record (ACRIS)

Please spread word of our petition asking the AG to notify all TMC owners.

I don't know if RCI will take down my post, but I went on the RCI website and reviewed the Manhattan Club:

Please read before booking! Date:September 19, 2014 Best things about resort The hotel is in a prime location in New York City. The units have have two rooms and can easily sleep 4. It also has two bathrooms so no need to share. Best attractions or restaurants nearby Columbus Circle, Central Park, Museum of Natural History Review I am a Manhattan Club owner and the Attorney General is investigating this timeshare for fraud. While RCI members can reserve easily, we owners are constantly shut out, after having spent thousands in initial investments and thousands more in annual maintenance. It is outrageous and I encourage all RCI members to boycott this resort until we owners receive restitution. I also urge all RCI members to sign our petition and join us in our fight against this corrupt timeshare: http://petitions.moveon.org/sign/ag-schneiderman-tell?source=c.em.cp&r_by=102860 27

I hope some RCI members read this before RCI takes the review down, since I am sure they don't want this kind a advertising on their website!

Bravo! Irene Smalls

i am a new jersey resident and M.C. owner.. Are we able to hand out flyers ( At the M.C. ) which will explain our issues and the attorney generals investigation.I believe great way to get word out to many more owners. Kurt

nice goin' kurt................but there's A BUT................you can't possibly reach an effective number of owners by handing out fliers at the MC. THERE NEEDS TO BE A WAY WE CAN GET A LIST OF OWNERS AND A MEANS OF COMMUNICATING WITH THEM...............EMAIL, PHONE.............HOWEVER WE CAN..... TO GET THE MC SHAM/FRAUD MANHATTAN CLUB/AG LAWSUIT OUT TO OWNERS.

great effort though. please don't take this as any sort of criticism. we're all in this mess working towards the same common end.........FAIRNESS FROM EICHNER AND HIS GANG OF CRONIES and RETRIBUTION WHERE CALLED FOR.

KEEP IN TOUCH. CHRIS VOLPE cfox863@gmail.com

kurtj22 wrote:

i am a new jersey resident and M.C. owner.. Are we able to hand out flyers ( At the M.C. ) which will explain our issues and the attorney generals investigation.I believe great way to get word out to many more owners. Kurt

From my copy of "Offering Plan part 1.pdf" pg 94:

This only applies of Flexible Weeks, which is what my wife and I purchased. It looks like you must request a stay of 7 consecutive nights at least 12 months in advance and anything less at least 9 months in advance. I have hand-written notes (unsigned, alas) from the sales person showing that reservations for Jan-Mar should be made 1-3 months in advance and for May-Sep should be made 2-4 months in advance.

Note that if you do not (or are unable to) make a reservation, FOR WHATEVER REASON, then you get no credit to apply to a future stay. Your week reservation is lost and you have wasted your money.

"(b) Any Owner of a Flexible Ownership Interest who does not make a reservation during the priority period (12 months preceding the requested check-in date if the request is for seven (7) consecutive nights or 9 months preceding the requested check-in date if the request is for less than seven (7) consecutive nights) may not be able to obtain the requested reservation. In fact, an Owner of a Flexible Ownership Interest cannot be assured that any specific use period will be available when a reservation request is made. The earlier a reservation request is submitted, the better the chance that the desired reservation confirmation can be secured. Nevertheless, an Owner is not restricted from trying to make a reservation after the priority period and can do so at any later time during Owner's Use Year. In the event an Owner fails to reserve or use all of Owner's permitted nights of occupancy during any given Use Year, Owner's right to make use of such rights will expire. There is no accrual or carryover of unused reservation or occupancy rights from one Use Year to another Use Year. An Owner who is unable to make full use of Owner's reservation or use rights in any given Use Year is not relieved of the obligation to pay all Timeshare Charges and Real Estate Taxes assessed against the Ownership Interest. The Timeshare Board has the right to amend the Timeshare Reservation Rules from time to time as may be necessary in its opinion to improve upon the quality and operation of the Timeshare Project and to further the collective enjoyment of the use of the Timeshare Project by present and future Owners as a whole."

Thank you, Jeff, for following this and for your recent update. I have a specific (brief) question for you and would appreciate your contacting me so I can ask. Thank you.

jeff_reports wrote:

I have reported on this case several times, so here is my latest update for RedWeek subscribers.

On Sept. 4, one day before last week's scheduled hearing before the court referee, both sides stipulated to continue with the original order, as amended, so the club can make payroll and cover ongoing expenses. They then agreed to take the Friday hearing off calendar --- but did not notify any of the owners who spent good time and money making the trek to Manhattan to attend. When the owners showed up, the court referee spoke to them informally, assuring them that the case was very early in the discovery phase. No determinations would be made, he added, until the AG reviews all of the club's documents about timeshare sales, reservations and rental programs.

As a result of the stipulation, which is now posted on the NY court's online filing system, the ban on new sales and foreclosures continues, along with other restrictions, until further notice. There is no new hearing date scheduled as of yet, according to the AG's press office. The AG's office is staying very close-lipped on the proceedings (as they do with most cases) while they sift through thousands of documents that have already been turned over to them by the Manhattan Club's battery of attorneys. No depositions of the principals, including Ian Bruce Eichner, have been set, either.

Meanwhile, as is evidenced by this string on RedWeek, many Manhattan Club owners are keeping a close watch on the proceedings. In some cases, owners are fearful that the AG will cut a deal with the Manhattan Club that allows them to stay in business. Other owners contend they should be given a seat at the table throughout these proceedings, even though they are not technically a party to the AG's suit. When I asked the AG's spokespeople about this, they said that the AG represents the state of New York, not the owners of the Manhattan Club. That's a strange distinction, since the owners of the club are the ones who have the most at stake in the case. In any case, the owners will have to maintain communications amongst themselves, through this string and other owner sites, because the AG has no intention of sending out mass email updates to owners about the case. They just do not feel that is their mission or obligation.

It is clear, based upon the interviews I have conducted with owners about the case, that they are very frustrated, in general, with just about everything about the club, including the pace of the AG's case. But my guess is they will have to maintain extreme patience before there is any clarity to what happens with the AG's investigation.

The club's attorneys, meanwhile, said this week that they will vigorously contest the AG's allegations if and when the case escalates into a formal "AG sues Manhattan Club for fraud" lawsuit. For now, Eichner's attorney claims that the AG's complaint is rife with "inaccuracies and inconsistencies" that will be exposed at the proper time. When will that time come? Stay tuned.

Most of the responses to this MC continuing saga infer that the AG will accept inquires from NY State owners. Are those from other states allowed or encouraged to write about the abysmal practices of the MC? James

irenes93 wrote:

Hi,

I created a petition to Eric Schneiderman, New York Attorney General which says:

" ALL, 3,826, New York State Manhattan Club owners should be notified of your investigation of The Manhattan Club. "

Please consider notifying all 18,480 TMC owners as well.

Will you sign this petition? Click here:

http://petitions.moveon.org/sign/ag-schneiderman-tell?source=c.em.cp&r_by=10286027

Thanks!

Irene Smalls

Eric Schneiderman is the Attorney General for the State of New York. His priority is protecting New York State. The plaintiff for the current AG fraud investigation of the Manhattan Club is The State of New York not even the people of New York. Attorney Farooq, lead attorney on the fraud investigation, has made it clear New York State TMC owners are not her client. We are asking Eric Schneiderman to at least notify Manhattan Club owners in New York State. And, to please consider notifying all Manhattan Club Owners.

TMC owners outside of New York State should contact their local State Attorney Generals citing the New York Attorney General's fraud investigation of TMC. T

All that being said, all TMC owners should write The New York State Attorney General as well. It cannot hurt us and it might help us.

Attorney Farooq New York Attorney General’s Office Real Estate Finance Bureau 120 Broadway, 23rd Floor New York, N.Y.  10271

Re: The Manhattan Club Case INDEX NO. 451536/2014

Dear Ms. Smalls,

Our Consumer Frauds Bureau forwarded your recent voicemail message to me. I understand from that message that you are concerned that this office has not given notice to all Manhattan Club owners (particularly in New York State, but also elsewhere) about our pending investigation of the Club. As a general policy, we do not comment on open investigations. Moreover, we have not filed a lawsuit against the Club. But, we hoped to alert as many people as possible about the investigation by publishing a press release, which was picked up by the New York Times and other media outlets. Relying on the media to get the word out is much more efficient than any known alternatives, for example, a mass mailing to the more than 14,000 current Manhattan Club owners, which would more than exhaust our administrative resources. While we value information given to us by the owners (indeed, there would be no investigation without the information shared with us by the owners), we simply cannot correspond with every owner on an individual basis. We hope also that we are conducting our investigation in a way so as to not disrupt the day-to-day operations of the Manhattan Club, so there should not be any changes with regard to their rights or ability to use the Club while it is ongoing. Nonetheless, please feel free to contact me directly with any future concerns, as it is my Bureau that is conducting the investigation.

Thank you, _______________________________ Andrew Meier | Deputy Bureau Chief

Real Estate Finance Bureau Office of the New York State Attorney General 120 Broadway, New York, NY 10271-0332 ' 212-416-8305 | 7 212-416-6595 * Andrew.Meier@ag.ny.gov

http://www.ag.ny.gov/bureau/real-estate-finance-bureau

Atty. Meier, All New York State owners of the The Manhattan Club should be notified. The Manhattan Club has all their owners in an email database. They email all the time. The District Attorney's office should just ask for it as part of the discovery. Then, New York State's peoples lawyer will be protecting the people of New York State.

The Manhattan Club has email addresses for all the people they took money from. Email is a free way to contact the 18,000 plus owners of the Manhattan Club. It is disturbing to find that in your investigation the Attorney General's office does not know exactly how many actual TMC owners there are. Information on owners, may I suggest, can be part of the discovery. Thank you.

This AG investigation of The Manhattan Club is beginning to sound fishy. We now learn that they haven't filed charges or filed a suit, they aren't communicating with The People and offer a bogus excuse for having not, and they don't even know the numbers of victimized parties they legally are supposed to be representing. Eichner's influence may run even more deeply than we imagined.

The media, CNBC and The New York Times should refocus their own investigations on the Attorney General's office. We are once again being taken for a ride ... as we all continue to go deeper into debt.

if the NEW YORK STATE ATTORNEY GENERAL has not filed a court suit against THE MANHATTAN CLUB, how and why is it that he got a court order for THE MANHATTAN CLUB to cease sales of shares in THE CLUB while litigation is taking place?

this is sounding more and more like owners are being led astray from the proceedings and not being told all of the facts that we, THOSE WRONGED BY THE MANHATTAN CLUB, deserve to be kept totally aware of.

charlesm548 wrote:

This AG investigation of The Manhattan Club is beginning to sound fishy. We now learn that they haven't filed charges or filed a suit, they aren't communicating with The People and offer a bogus excuse for having not, and they don't even know the numbers of victimized parties they legally are supposed to be representing. Eichner's influence may run even more deeply than we imagined.

The media, CNBC and The New York Times should refocus their own investigations on the Attorney General's office. We are once again being taken for a ride ... as we all continue to go deeper into debt.

All TMC owners should write and call the New York Attorney General's Office about the Manhattan Club scam in New York State and out. It seems it is the only tool we have. Andrew Meier is the lead person.

Andrew Meier | Deputy Bureau Chief Real Estate Finance Bureau Office of the New York State Attorney General 120 Broadway, New York, NY 10271-0332 ' 212-416-8305 | 7 212-416-6595 * Andrew.Meier@ag.ny.gov http://www.ag.ny.gov/bureau/real-estate-finance-bureau

Irene Smalls