Manhattan Club Lawsuit

We are in the same predicament We’ve been owners since 2002 Initial annual fees were $500 Now over $3,000

Because I have gotten no answer.

peggyc207 wrote:

Don H - you have been asking this question for over a year - why?

I hear you what’s happening at the Manhattan Club feels unfair. The high fees and resale control don’t seem right. It’s not just bad management, it’s about justice for the owners. Joining others in legal action could help make things right.

I have sent emails to Mark Zimmerman and received no response. What's the deal? I haven't paid my horrific maintenance fee this year yet but guess I need to do it. So discouraging how they played is all. Karen McCharen

i joined zimmermans suit years ago. sad no obvious progress bht have not paid any fees and nothing from them in many years. why do people continue to to pay those crooks ?? what are you afraid of??? sid f

Actually we use our time through RCI. We get 2-3 weeks rather than 7 days so that helps. I hate what a racket it all is but trying to make the best of it

A few years ago the NY courts ruled that the Manhattan Club must be sold because of illegal sales and improper practices. If they are continuing to operate under the same owner, you have a way out. I wrote them and specifically said I would not pay because they were in violation of court order. It worked. Check out the ownership. Look back through this thread

So you don't pay your yearly assessment fee but then you are not able to use your week each year and you've received no monies back to reimburse you for what you paid to purchase your week there?

Gail, I don't think most owners are concerned about receiving money back for reimbursement of their purchase price, they just want to be out with no more money wasted. That $100. fee that they give back to most of the owners back is negligible. Just stop the bleeding!

Gail - current ownership cannot do anything w building until they get rid of all the timeshare owners - By donating your investment back, you are making it easy for them to get away with this crime. Hold on - they eventually will have to make you whole or lose their entire investment with you. So let's keep them in the same predicament the timeshare owners are in

Well, I pay my assessments on my 2 penthouse units but have in the past listed them for rent or trade with Interval International or Redweek if I was unable to use them. Just wish we'd make more progress on getting some type of restitution from our court case. I am wondering if when the M. C. rents out days/weeks to renters/visitors does that rental money go into the general account for payment of all M. C. related expenses? And on all the weeks that have been bought back for $100 or nothing, are those units then charged a HOA maintenance fee like the rest of us owners are? Who actually owns them?

Has anyone been in contact with Zimmerman or his law firm? If so, what do they have to say about all this?

I am beginning to think that Zimmerman is a scam as well. They got a nice retainer from many folks and all has been essentially quiet ever since, while they have been laughing all the way to the bank.

He has not been answering any emails. Where is he?

Thank you so much for your response. It gives me hope and is very much appreciated.

How do I start the process of selling back to TMC?

you don't - unless they offer you a fair value for the timeshare - it is worth more than $100- don't let them bamboozle you

Do you have any updated email because no one is answering the ones I have.

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/

To Peg C. : how much more than $100. do you feel the Manhattan Club is worth? Obviously, we all paid more than that years ago. But, all the increasing Maintenance Fees brought the value down, even if that was done illegally. I'm afraid that today's real value is NOT over $100. because constantly I see the Manhattan Club for sale on redweek for $1. and it still doesn't sell. The value may be higher to you, but the market value gives of what someone is willing to pay, is what gives you the true value, and that is next to nothing. If it's worth more than $100. to you, then of course you keep it. If it has no or little value to others, then you take the $100. and run and never look back. I understand you may still get enjoyment out of your week and good for you. Others just want to be done with it after fighting Eichner in the courts. Please respect their opinion on what they decide to do with their interest and try and not tell them what to do, because it doesn't align with your interest.