Manhattan Club Lawsuit

I found out a number of law suites against Manhattan Club: ROW PLAINTIFF DEFENDANT INDEX NUMBER 1RHC OPERATING LLC MANHATTAN CLUB 600324-2006 2CITICORP VENDOR FINANCE INC MANHATTAN CLUB 02043-2006 3 ZIETS NELSON E MANHATTAN CLUB 113227-2006 4 HOARE WILLIAM MANHATTAN CLUB 403877-2006 5 SCHMALZ SUSAN R MANHATTAN CLUB 114446-2009 6 CHEN ZMIRA MANHATTAN CLUB 603090-2008 7 WILSON JESSICA D MANHATTAN CLUB 154111-2013 8 HAUSMAN DONNA MANHATTAN CLUB HOTEL 113302-2008 9 CHEN ZMIRA MANHATTAN CLUB MANAGEMENT 603090-2008 10 DIPILATO JOSEPH MANHATTAN CLUB TIME SHARE 111243-1999 11 SOLOMON JOANNE MANHATTAN CLUB TIME SHARE ASSN 113813-1999 12 SOLOMON DON MANHATTAN CLUB TIME SHARE ASSN 113813-1999 13 NEW YORK HOTEL & MOTEL TRADES MANHATTAN CLUB TIMESHARE ASSN 119945-1999 14 PRINCETON LAUNDRY INC MANHATTAN CLUB TIMESHARE ASSN 601577-1999 15 MID MANHATTAN VALET LLC MANHATTAN CLUB TIMESHARE ASSN 122208-2003 16 LOUCAS THOMAS MANHATTAN CLUB TIMESHARE ASSN 103914-2006 17 HAUSMAN DONNA MANHATTAN CLUB TIMESHARE ASSN 113302-2008 18 SMITH CORINNE MANHATTAN CLUB TIMESHARE ASSN 651983-2012 19 BIGOTTI NICHOLAS MANHATTAN CLUB TIMESHARE ASSN 652662-2013 20 MORENO LOUIS F MANHATTAN CLUB TIMESHARE ASSN 652662-2013 21 BYRNE JAMES MANHATTAN CLUB TIMESHARE ASSN 652662-2013 22 MOORE BRUCE C MANHATTAN CLUB TIMESHARE ASSN 652662-2013 23 GIORDANO LOUIS MANHATTAN CLUB TIMESHARE ASSN 652662-2013 24 BLOMQUIST DWIGHT MANHATTAN CLUB TIMESHARE ASSN 652662-2013 25 DASILVA LYNN MANHATTAN CLUB TIMESHARE ASSN 652662-2013 26 BRITTIS NANCE L MANHATTAN CLUB TIMESHARE ASSN 652662-2013 27 MCDOWELL JAMES MANHATTAN CLUB TIMESHARE ASSN 652662-2013 28 BISK LEONARD MANHATTAN CLUB TIMESHARE ASSN 652662-2013 29 PRINCETON LAUNDRY INC MANHATTAN CLUB TIMESHARE ASSOC 600699-2001 30 BD MGRS PARK CENTRAL CONDO MANHATTAN CLUB TIMESHARE ASSOC 600181-2009 31 PARK CENTRAL HOTEL LLC MANHATTAN CLUB TIMESHARE ASSOC 600181-2009 32 SCHMALZ SUSAN R MANHATTAN CLUB TIMESHARE ASSOC 114446-2009 33 HAUSMAN DONNA MANHATTAN CLUB TIMESHARE HOTEL 113302-2008

33 RECORDS FOUND http://iapps.courts.state.ny.us/iscroll/AdvSearch_D.jsp?Criteria=Manhattan+club&Submit4=Search

One very sharp TMC owner noted the following:

The October 21st So Ordered Stipulation states the following in section 2:

2. Within 30 business days of execution of this Stipulation, respondents T. Park Central LLC and O. Park Central LLC shall use best efforts to coordinate and submit brokerdealer registration statements, and a proposed 89th amendment to the Manhattan Club offering plan to the Office of the New York State Attorney General's Real Estate Finance Bureau, with the requisite tiling fees, to address only the following: ............... c. Disclose the existence of the New York Attorney General's investigation to the prospective purchasers in contract, and all of the owners of ownership interests in the Manhattan Club; and

The thing they are ordered to do within 30 business days is to "use best efforts to ...submit .... a proposed 89th amendment to the Manhattan Cub offering plan to the Office of " the AG. That proposed 89th amendment is "to address only the following" and subsection c. will address disclosing the investigation to both prospective and current owners.

Section 4 of the So Ordered Stipulation orders that TMC "will cure any deficiencies identified by the Attorney General in the proposed 89th amendment and then,within 10 business days of the Attorney General's acceptance of the 89th amendment for filing, respondents T. Park Central LLC and O. Park Central LLC shall distribute it to all owners of ownership interests in the Manhattan Club".

To summarize the time schedule in the So Ordered Stipulation:

1 Within 30 business days of the So Ordered Stipulation T. Park Central LLC and O. Park Central LLC is ordered to "use best efforts" to submit a proposed 89th amendment to the offering plan to the AG's office.

2. With no specific time limit, the AG will review the amendment and identify any deficiencies in the amendment

3 With no specific time limit, TMC must fix ("cure") the deficiencies in the amendment.

4. Within 10 business days of the AG's acceptance of the amendment for filing TMC must distribute the 89th amendment to all current owners.

As the 89th amendment must disclose information about the AG's investigation and TMC must distribute a copy of the 89th amendment to all owners that's how all owners will learn about the AG's investigation. There's no guarantee that all the owners will ever read the entire 89th amendment to the offering plan. Also, the term "distribute" is not very clear. I'm sure most members of this group would read the stipulation and assume it means TMC must mail a copy to each owner but TMC could easily just leave a stack of copies of the 89th amendment at the concierge desk with a sign "Owners, please take one" and claim that's an adequate method of distribution to the owners.

We have to be vigilant on this. It is obviously not in TMC's interest to open the floodgates of disgruntled owners. If you do not receive notification of the AG's investigation of TMC in 30 days contact the Attorney General's Office.

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

Are all these lawsuits still pending or are they from the past?

Irene Smalls

With reference to many forum reader's impressions ... per Andrew Meier of the NY Attorney General's office "As a general policy, we do not comment on open investigations. Moreover, we have not filed a lawsuit against the Club".

As an FYI, my husband and I stayed in a "BLUEGREEN timeshare in World Golf Village in St. Augustine, last week. We attended their spiel and learned that the are presenting to their prospective owners that they have recently "bought" into the Manhattan Club in NYC! They are telling their respective buyers that as Blue Green owners they can get a unit in the Manhattan Club easier than Manhattan Club owners (us) because of this "deal" they have made with TMC. This was just last week folks!!! The developers continue to sell us out !!!

ROSEMARY, (CAPS EMPHASIZED) IF YOU FEEL THAT BLUE/GREEN IS MAKING A $/RESERVATION WITH THE MANHATTAN CLUB, PLEASE NOTIFY THE NYS ATTORNEY GENERAL IMMEDIATELY OF THIS SITUATION. IF THIS IS A REALITY, SCHNEIDERMAN SHOULD BE INFORMED, AND THE ISSUE SHOULD BE A PART OF HIS INVESTIGATION. PERSONALLY, I WOULDN'T PUT ANYTHING FRAUDULENT, SHADY OR SCAMMING PAST IAN BRUCE EICHNER AND HIS CADRE OF WELL-INFORMED STAFF (WHO KNOW HOW TO TRY GETTING AROUND A NEW YORK COURT ORDER PREVENTING SELLING OR PROMOTING THE MANHATTAN CLUB TIMESHARES IN ANY WAY UNTIL A SETTLEMENT IS REACHED IN OR OUT OF COURT.) PLEASE GET YOUR EMAIL OUT TO SCHNEIDERMAN SOON AFTER SEEING THIS ONE. keep in touch.

chris volpe cfox863@gmail.com 631-368-2895

rosemaryg62 wrote:

As an FYI, my husband and I stayed in a "BLUEGREEN timeshare in World Golf Village in St. Augustine, last week. We attended their spiel and learned that the are presenting to their prospective owners that they have recently "bought" into the Manhattan Club in NYC! They are telling their respective buyers that as Blue Green owners they can get a unit in the Manhattan Club easier than Manhattan Club owners (us) because of this "deal" they have made with TMC. This was just last week folks!!! The developers continue to sell us out !!!

Please for all TMC Owners, notify the AG's office regarding the presentation you were given from Blue Green in St. Augustine. That in itself should be invested by AG's office or Florida AG's office. Thank you for sharing this information.

What happens to TMC owners who were subjected to high pressure sales tactics, lied to, sold by unlicensed sales people and not given the legally required sales information until it was too late to cancel their TMC timeshare purchase? The Attorney General's staff under cover investigation has proven these things true. How do these TMC owners get out of a lifelong financial obligation to a scam? There has to be a fair and reasonable way out of a life long commitment to the TMC fraud operation provided by the Attorney General's Office in his TMC court orders.

Dear Andrew Meier, Esq.,

In apparent violation of your order for The Manhattan Club to cease and desist selling time-share interest in their New York property they have reportedly entered into a side agreement with BlueGreen Timeshare to sell TMC shares on their behalf.

Just last week BlueGreen hosted meetings at World Golf Village in St. Augustine, FL during which attendees were advised that BlueGreen has recently "bought into TMC" in NYC and, because of this deal having been made, as BlueGreen owners they can now secure a unit at TMC easier than the original TMC timeshare owners.

This is concerning for two reasons; first, The Manhattan Club has ignored the New York Attorney General's order and continues to generate revenue via selling timeshares, and second, TMC's actions fly in the face of we TMC owners who have paid a premium for product and services not delivered. This all goes to support our charges and the demand for remuneration.

Respectfully,

Charles McGill 38 Harborview Drive Northport, NY 11768

(cell) 516.902.1817

Owner Number - 14049 Timeshare Unit Number - 1715 Contract - One Week Gold Flex Interest Purchase Price - $24,493. Maintenance Fee - $610 now $2,659.33 Date of Purchase - 2/3/2001 Sales Executive - Vicky Tree Owners - Charles & Robyn McGill

Above letter sent to:

eric.schneiderman@ag.ny.gov, andrew.Meier@ag.ny.gov, serwat.farooq@ag.ny.gov, Jeffrey.Rendin@ag.ny.gov

Suggest you copy and paste these emails into your contacts and get to writing your complaints.

How do I become part of this?

Hi Kathleen, There is no class action lawsuit, or any lawsuit for that matter, to join in. However, the NYS Attorney General is "investigating" the operation of The Manhattan Club by its owner Bruce Eichorn.

As paying TMC timeshare owners we have been communicating with the AG's office, advising them of the TMC failure to uphold their contracts with us, and encouraging the AG to fight for our reimbursement and forgiveness of escalating maintenance fees billed.

You, and all timeshare owners, are encouraged to speak up to assure the AG hears our unified voice. You should also sign the petition in this thread that Irene has written which will be provided the AG's office. Charlie

Thanks Charles. I sent an e-mail to all of the names you listed. When we attended this "presentation" the BlueGreen sales office had a large poster as you enter the room. It was an AD FOR THE MANHATTAN CLUB! I took a picture of it. I included this picture in the e-mail to the Attorney General and his assistants. A few months ago I send postal correspondence to Eric Schneiderman and Serwat Farooq, detailing our plight with the Manhattan Club since 2001. I noted that this e-mail was a follow-up to that postal correspondence.

TO ALL MANHATTAN CLUB OWNERS:

GO TO hotels.com and note that THE MANHATTAN CLUB SUITES ARE STILL AVAILABLE FOR RESERVATIONS. THAT'S A DIRECT VIOLATION OF THE COURT ORDER CEASING SALES, INTERESTS OR PROMOTIONS OF THE MANHATTAN CLUB. MAKE NOTE OF THIS AND EMAIL THE NEW YORK ATTORNEY GENERAL, ERIC SCHNEIDERMAN AND HIS DEPUTIES IN CHARGE OF THE MANHATTAN CLUB LITIGATION BECOME AWARE OF THIS ISSUE.

eric.schneiderman@ag.ny.gov, andrew.Meier@ag.ny.gov, serwat.farooq@ag.ny.gov, Jeffrey.Rendin@ag.ny.gov

Are they allowed to continue to receive maintenance fees? What are others doing about paying their maintenance fees, who want to eventually get out of this scam? Ours are almost $3000 per year and are due now.

Chris, Reservations can also be made on Booking.com. While I understand TMC can not sell any more ownership interest while they are being investigated, I am not sure if they had to stop accepting reservations from non-members. Maybe that is why people can still book a suite through Hotels.com and Booking.com.

Hi,

Regarding the maintenance fees, we did not pay our maintenance fees this year. This was the first time since owning over ten years. Like many other TMC owners we felt we were not getting what was promised as an owners, so we have not paid them. They were due back in February. I have heard nothing from TMC. The only way to hit them in the pocket was to stop paying the fees. They make enough money renting out our rooms and make "side deals" with other companies like RCI, and Blue Green with our room space.

lenap3 wrote:

Chris, Reservations can also be made on Booking.com. While I understand TMC can not sell any more ownership interest while they are being investigated, I am not sure if they had to stop accepting reservations from non-members. Maybe that is why people can still book a suite through Hotels.com and Booking.com.

hi lenap3,

you may be correct about booking.com; however, i'm making an educated assumption that the THE MANHATTAN CLUB, according to the court order secured by eric schneiderman, nys attorney general, had to cease and desist all transactions concerning its suites, including sales, promotions and, yes, rentals as well..................the further assumption being that these rental accommodations on tripadvisor.com belong to ian bruce eisner and his band (oops, BOARD) of directors. eichner's rentals of THE MANHATTAN CLUB suites could conceivably be construed as promotions to sell these as timeshares. who knows to what lengths he and his associates will go to continue their pursuit of further MANHATTAN CLUB TIMESHARE sales?.......................skirting the law in the meantime. i wouldn't put anything past him. he's a shrewd business man who surrounds himself with a cadre of legal, financial and real estate experts par excellence, but he's also not beyond perpetrating a fraud. let's call his bluff on these current rentals as hotel suites and let ERIC SCHNEIDERMAN, OUR NEW YORK STATE ATTORNEY GENERAL make the decision as to the legality of this business scheme, or transaction.

go to tripdvisor.com and look up THE MANHATTAN CLUB. it's very clear that eichner's sales pitch and/or promotion shines right through. I EMAILED THE TRIPADVISOR LINK TO ERIC SCHNEIDERMAN, AND HIS DEPUTIES WHO ARE ASSIGNED TO THE MANHATTAN CLUB LAWSUIT, JUST BEFORE SENDING YOU THIS REPLY TO YOUR COMMENT TO ME ON REDWEEK.COM.

i hope he'll respond, especially since this is an election year.

chris volpe

In addition to considering withholding this year's maintenance fee, which is due later this month, we also are considering putting those funds into escrow instead -- as a tenant sometimes does when the landlord is not making necessary repairs, etc. - Would doing so be governed by the laws regarding escrow in the state of New York, or in the state where we reside? - Is anyone else considering this? - Is there a potential downside (for example, could Eisner et al. potentially access those funds -- by hook or by CROOK)?

I was wondering about maintenance fees as well as property taxes. I was told that we owed $74.00 (prop tax) before we could book anything (they are booking into Nov 2015 already!). I never received a bill for the prop taxes and wouldn't have know anything about them had I not called about another matter.

pattyh59 wrote:

Are they allowed to continue to receive maintenance fees? What are others doing about paying their maintenance fees, who want to eventually get out of this scam? Ours are almost $3000 per year and are due now.