Manhattan Club Lawsuit

Good morning, I received this email this morning and thought I would share it.

Dear TMC Timeshare Owners:

Based on our review and analysis of TMC documents including the bylaws, the survey results, and New York State and federal law, we have decided upon a legal strategy that we believe will, upon its termination, enable us to successfully obtain remedies, including a monetary recovery and avoidance of liability for maintenance fees for owners of TMC timeshare units.

Specifically, we propose suing the Eichners and/or related entities and the existing TMC board (including the Eichner-appointed members) for a variety of causes of action, including, but not limited to: 1) breach of contract; 2) fraud; 3) civil RICO; 4) breach of fiduciary duty; and 5) violations of NY State's non-profit law. The case will not be a class action, but instead will be brought in the name of each of those timeshare owners who retain us. Our proposed action is separate from, and not precluded by, the NY State Attorney General’s settlement with the Eichners, which fails to adequately resolve the timeshare owners’ longstanding grievances.

As the TMC timeshare is organized as a NY State not-for-profit corporation, we intend to challenge and replace the existing TMC entity and its board. We plan to liquidate the timeshare, condominium, and/or real estate holding by, for example, selling it outright to a buyer or having a new entity purchase the right to operate it. Regardless of the liquidation mechanism pursued, our intention is to enable you to receive a monetary recovery, release of liability for future maintenance and tax payments, and avoidance of net liability for past maintenance payments. There is, of course, no guarantee that the foregoing relief can be obtained in a particular case, especially with respect to past liabilities, as the ability to do so may depend on the particular facts of a timeshare owner’s personal circumstances.

We are willing to represent you in the foregoing endeavor on a hybrid fee basis with an initial monetary payment, and a contingent percentage of any recovery we secure, on your behalf or more generally. Specifically (assuming we have sufficient interested clients), we will require an initial payment of $1,250 to retain us, and then 30% of any recovery we obtain from a settlement, liquidation and/or award of damages. Since we do not, and will not, represent all possible owners, we may take steps to seek recovery from TMC itself for the value of our services, but this will not increase your obligation, and may indeed increase both the amount and prospect for return of capital. Since we may represent or otherwise be aligned with a technically “adverse” party, such as a prospective buyer or broker to effectuate our plan, we will ask you to waive any potential conflict arising from such a scenario.

Please contact us if you wish to retain us, and we will send you a formal retention agreement for execution.

Thank you,

JM

Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090

Tom

Got the same letter -it was probably sent to all of us What do you all think about his offer?

I received the same email. I think it's great news that he's willing to take the case. I fear that it's going to be very difficult to get a large group of us to pony up $1,250.

The bad news is this process of getting the suit organized is going to be way worse than herding wild cats.

Depends on what is " sufficient interested clients"

To be honest my wife and I are mulling it over, after all the thousands of dollars this has cost us so far his “buy in” seems reasonable . Since this appears to be our only real alternative at this point we will probably opt in. The only way to find out what sufficient is will be to contact him and see how many others do the same. Also his letter indicates that he will not be collecting the money until they determine that they have enough people to persue it.

Tom

I agree, a small fee for getting out But, i like to know, should he get a “go ahead” from us, and he finishes the “deal” , are we still owners ? Who is transferring the deed or ownership to whom ? How much would that cost ? To be totally out of this timeshare , that needs to be addressed ? Or did he ? Brigitte

I have been following this sequence of messages with interest for some time now. Yes, I am an owner, bought back in 2007 for $26,000.00 cash. Have I ever been refused a reservation? Nope? Did I enjoy my stays there? Yep. Am I happy with TMC? Not really, the fees got out of hand, but I switched over to RCI and couldn't be happier. I get over two weeks worth of points that I have used all over the country and it has amounted to an average cost of about $100.00 a night, all expenses accounted for. This is not an advertisement for RCI, they do have their own problems but I have figured out how to deal with them and have not had any reservation problems or disappointment in facilities I stayed in.What I have been amused by is the number of you that assume everyone else is in your same angry position. How many of the 14,000 or 18,000 owners are like you, or are they like me?? When the attorney sent out the inquiry I did answer it pretty much as I have stated here and I wondered how he would react. Well, I got his email this morning. Not too surprising, more money with no guarantee. What I did find interesting is that part of what he proposes being able to accomplish is the disbanding of TMC as it now exists whether that be by a change in ownership or structure or whatever. I can tell you that as an owner in good standing I would be opposed to any such deal. I am guessing that I am not the only one who feels that way. Unless he his grand settlement includes keeping those of us who use TMC ownership and transfer to RCI whole in our investment also, I would oppose his litigation. How these two different groups of owners can both be satisfies will be interesting to watch. But then again, he may be a long way off from initiating this action.

The TMC situation does keep getting more interesting. So, it appears that if sufficient owners are willing to sign on, the attorney is willing to take on the case for $1250 and 30% contingency. And, he will also need to get released from any conflict of interest if he should happen to represent either a buyer or broker involved in the sale of TMC. If he prevails and has to bring suit to recover his expenses, paid-up TMC owners, in addition to having already paid for the TMC's defense of Eichner, will now also pay for the dissident's suing Eichner. It does seem a real possibility that the ultimate goal here is to force a sale of the property to a group possibly "alligned" with Mr. Zimmerman. I look forward to re-reading the media coverage of Mr. Zimmerman's earlier high-tech adventures. He is a man to be reckoned with! I have a feeling TMC owners unhappy with the AG's negotiation are about to be introduced to the world of high stakes New York real estate!

I am somewhat shocked at what I am reading from some of you. You know that a good attorney today cost between 350-500 per HOUR!! How do you think you are going to find any attorney to do this for FREE?? Do you understand how many hours of time prior to this letter this attorney has already spent researching, meeting with Jeff (Redweek), looking at old cases, new cases, strategizing with his team about how to litigate this?? It is for sure your choice whether you are in or not - but I for one, was encouraged by his minimal fee up front. Let's stay positive please and help ourselves here!

Thank you

I am leery of throwing good money after bad. And how long will his actions take? Another 4 years like the investigation? A couple of the items Zimmerman has said he will try to accomplish are already part of the existing settlement, like ousting Eichner et al off the board (and out of the timeshare business in NY). And getting someone else to buy TMC..The settlement terms allow 3 years to do this. I go to the club once a year and enjoy it very much and have no reservation issues other than reserving 9 months to a year in advance. Every time I go I meet other owners who love the club, who don't mind terribly that the fees have gone up and who somehow have managed, in their wills/estate planning, to have their ownership disappear upon their deaths. I gave back a timeshare (one of two I inherited) for $100 and haven't seen that yet or the final papers and have not had to pay the fees. I have experienced 2 life threatening life events and don't want to spend my life force being angry and continuing to fight this situation. For those who choose to, I can understand why and I wish you all the very best of luck and success! I will be rooting for you.

rogers334 wrote:

I have been following this sequence of messages with interest for some time now. Yes, I am an owner, bought back in 2007 for $26,000.00 cash. Have I ever been refused a reservation? Nope? Did I enjoy my stays there? Yep. Am I happy with TMC? Not really, the fees got out of hand, but I switched over to RCI and couldn't be happier. I get over two weeks worth of points that I have used all over the country and it has amounted to an average cost of about $100.00 a night, all expenses accounted for. This is not an advertisement for RCI, they do have their own problems but I have figured out how to deal with them and have not had any reservation problems or disappointment in facilities I stayed in.What I have been amused by is the number of you that assume everyone else is in your same angry position. How many of the 14,000 or 18,000 owners are like you, or are they like me?? When the attorney sent out the inquiry I did answer it pretty much as I have stated here and I wondered how he would react. Well, I got his email this morning. Not too surprising, more money with no guarantee. What I did find interesting is that part of what he proposes being able to accomplish is the disbanding of TMC as it now exists whether that be by a change in ownership or structure or whatever. I can tell you that as an owner in good standing I would be opposed to any such deal. I am guessing that I am not the only one who feels that way. Unless he his grand settlement includes keeping those of us who use TMC ownership and transfer to RCI whole in our investment also, I would oppose his litigation. How these two different groups of owners can both be satisfies will be interesting to watch. But then again, he may be a long way off from initiating this action.

I agree with Roger 334. I hope that those who were unable to use TMC time purchased get some relief. I consider myself fortunate. Ten years ago,I purchased seven days to be used over two years. I have never been unable to use my days when I wanted to use them.

Have the maintenance fees risen too much? Absolutely! (Those not paying contribute to the problem.) In my opinion, the best outcome would be New Ownership and a reduction in maintenance fees. To throw the baby out with the bath water would be a mistake.

I'm so glad Mr. Zimmerman is willing to take on TMC and I don't think he'd attempt to do this litigation if he didn't believe he has a good or reasonable chance of winning. For me, I was lied to upfront in TMC presentation in 2011 and have vowed never to pay TMC and these crooks another dime. I want out of this mess and there's never going to be any other way to get out without litigation because I can't sell it or give it away for free. If $1,250 can get me just out of this mess, let alone possibly bring some sort of financial restitution, then it's worth ten times that amount. I'm in and hope a lot of you are too.

Has any one received an email from attorney wanting to take the case against TMC. Email as follows:

Dear TMC Timeshare Owners: Based on our review and analysis of TMC documents including the bylaws, the survey results, and New York State and federal law, we have decided upon a legal strategy that we believe will, upon its termination, enable us to successfully obtain remedies, including a monetary recovery and avoidance of liability for maintenance fees for owners of TMC timeshare units. Specifically, we propose suing the Eichners and/or related entities and the existing TMC board (including the Eichner-appointed members) for a variety of causes of action, including, but not limited to: 1) breach of contract; 2) fraud; 3) civil RICO; 4) breach of fiduciary duty; and 5) violations of NY State's non-profit law. The case will not be a class action, but instead will be brought in the name of each of those timeshare owners who retain us. Our proposed action is separate from, and not precluded by, the NY State Attorney General’s settlement with the Eichners, which fails to adequately resolve the timeshare owners’ longstanding grievances. As the TMC timeshare is organized as a NY State not-for-profit corporation, we intend to challenge and replace the existing TMC entity and its board. We plan to liquidate the timeshare, condominium, and/or real estate holding by, for example, selling it outright to a buyer or having a new entity purchase the right to operate it. Regardless of the liquidation mechanism pursued, our intention is to enable you to receive a monetary recovery, release of liability for future maintenance and tax payments, and avoidance of net liability for past maintenance payments. There is, of course, no guarantee that the foregoing relief can be obtained in a particular case, especially with respect to past liabilities, as the ability to do so may depend on the particular facts of a timeshare owner’s personal circumstances. We are willing to represent you in the foregoing endeavor on a hybrid fee basis with an initial monetary payment, and a contingent percentage of any recovery we secure, on your behalf or more generally. Specifically (assuming we have sufficient interested clients), we will require an initial payment of $1,250 to retain us, and then 30% of any recovery we obtain from a settlement, liquidation and/or award of damages. Since we do not, and will not, represent all possible owners, we may take steps to seek recovery from TMC itself for the value of our services, but this will not increase your obligation, and may indeed increase both the amount and prospect for return of capital. Since we may represent or otherwise be aligned with a technically “adverse” party, such as a prospective buyer or broker to effectuate our plan, we will ask you to waive any potential conflict arising from such a scenario. Please contact us if you wish to retain us, and we will send you a formal retention agreement for execution. Thank you, JM Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090 E: jmz@tmcsuit.com T: (908) 768-6408 F: (908) 935-0751 This communication constitutes an advertisement under the Rules of Professional Conduct governing the practice of lawyers. Our past results are no guarantee of future performance. Copyright © 2018 Zimmerman Law Group, All rights reserved. You are receiving this email because you requested additional information about potential solutions to Manhattan Club complaints.

Our mailing address is: Zimmerman Law Group 233 Watchung FrkWestfield, NJ 07090-3813

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I received email from Zimmerman. I would like to know who else is going to go with this before I pay him. Please let me know if you know of others who received this and are going to retain them.

Dear TMC Timeshare Owners: Based on our review and analysis of TMC documents including the bylaws, the survey results, and New York State and federal law, we have decided upon a legal strategy that we believe will, upon its termination, enable us to successfully obtain remedies, including a monetary recovery and avoidance of liability for maintenance fees for owners of TMC timeshare units. Specifically, we propose suing the Eichners and/or related entities and the existing TMC board (including the Eichner-appointed members) for a variety of causes of action, including, but not limited to: 1) breach of contract; 2) fraud; 3) civil RICO; 4) breach of fiduciary duty; and 5) violations of NY State's non-profit law. The case will not be a class action, but instead will be brought in the name of each of those timeshare owners who retain us. Our proposed action is separate from, and not precluded by, the NY State Attorney General’s settlement with the Eichners, which fails to adequately resolve the timeshare owners’ longstanding grievances. As the TMC timeshare is organized as a NY State not-for-profit corporation, we intend to challenge and replace the existing TMC entity and its board. We plan to liquidate the timeshare, condominium, and/or real estate holding by, for example, selling it outright to a buyer or having a new entity purchase the right to operate it. Regardless of the liquidation mechanism pursued, our intention is to enable you to receive a monetary recovery, release of liability for future maintenance and tax payments, and avoidance of net liability for past maintenance payments. There is, of course, no guarantee that the foregoing relief can be obtained in a particular case, especially with respect to past liabilities, as the ability to do so may depend on the particular facts of a timeshare owner’s personal circumstances. We are willing to represent you in the foregoing endeavor on a hybrid fee basis with an initial monetary payment, and a contingent percentage of any recovery we secure, on your behalf or more generally. Specifically (assuming we have sufficient interested clients), we will require an initial payment of $1,250 to retain us, and then 30% of any recovery we obtain from a settlement, liquidation and/or award of damages. Since we do not, and will not, represent all possible owners, we may take steps to seek recovery from TMC itself for the value of our services, but this will not increase your obligation, and may indeed increase both the amount and prospect for return of capital. Since we may represent or otherwise be aligned with a technically “adverse” party, such as a prospective buyer or broker to effectuate our plan, we will ask you to waive any potential conflict arising from such a scenario. Please contact us if you wish to retain us, and we will send you a formal retention agreement for execution. Thank you, JM Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090 E: jmz@tmcsuit.com T: (908) 768-6408 F: (908) 935-0751 This communication constitutes an advertisement under the Rules of Professional Conduct governing the practice of lawyers. Our past results are no guarantee of future performance. Copyright © 2018 Zimmerman Law Group, All rights reserved. You are receiving this email because you requested additional information about potential solutions to Manhattan Club complaints.

Our mailing address is: Zimmerman Law Group 233 Watchung FrkWestfield, NJ 07090-3813

Add us to your address book

Dear TMC Timeshare Owners: Based on our review and analysis of TMC documents including the bylaws, the survey results, and New York State and federal law, we have decided upon a legal strategy that we believe will, upon its termination, enable us to successfully obtain remedies, including a monetary recovery and avoidance of liability for maintenance fees for owners of TMC timeshare units. Specifically, we propose suing the Eichners and/or related entities and the existing TMC board (including the Eichner-appointed members) for a variety of causes of action, including, but not limited to: 1) breach of contract; 2) fraud; 3) civil RICO; 4) breach of fiduciary duty; and 5) violations of NY State's non-profit law. The case will not be a class action, but instead will be brought in the name of each of those timeshare owners who retain us. Our proposed action is separate from, and not precluded by, the NY State Attorney General’s settlement with the Eichners, which fails to adequately resolve the timeshare owners’ longstanding grievances. As the TMC timeshare is organized as a NY State not-for-profit corporation, we intend to challenge and replace the existing TMC entity and its board. We plan to liquidate the timeshare, condominium, and/or real estate holding by, for example, selling it outright to a buyer or having a new entity purchase the right to operate it. Regardless of the liquidation mechanism pursued, our intention is to enable you to receive a monetary recovery, release of liability for future maintenance and tax payments, and avoidance of net liability for past maintenance payments. There is, of course, no guarantee that the foregoing relief can be obtained in a particular case, especially with respect to past liabilities, as the ability to do so may depend on the particular facts of a timeshare owner’s personal circumstances. We are willing to represent you in the foregoing endeavor on a hybrid fee basis with an initial monetary payment, and a contingent percentage of any recovery we secure, on your behalf or more generally. Specifically (assuming we have sufficient interested clients), we will require an initial payment of $1,250 to retain us, and then 30% of any recovery we obtain from a settlement, liquidation and/or award of damages. Since we do not, and will not, represent all possible owners, we may take steps to seek recovery from TMC itself for the value of our services, but this will not increase your obligation, and may indeed increase both the amount and prospect for return of capital. Since we may represent or otherwise be aligned with a technically “adverse” party, such as a prospective buyer or broker to effectuate our plan, we will ask you to waive any potential conflict arising from such a scenario. Please contact us if you wish to retain us, and we will send you a formal retention agreement for execution. Thank you, JM Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090 E: jmz@tmcsuit.com T: (908) 768-6408 F: (908) 935-0751 This communication constitutes an advertisement under the Rules of Professional Conduct governing the practice of lawyers. Our past results are no guarantee of future performance. Copyright © 2018 Zimmerman Law Group, All rights reserved. You are receiving this email because you requested additional information about potential solutions to Manhattan Club complaints.

Our mailing address is: Zimmerman Law Group 233 Watchung FrkWestfield, NJ 07090-3813

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It is not free each person getting in the suit is paying the $1200 plus fee then he gets 30% if any money’s received from TMC. ITS LIKE CLASS ACTION SUIT

Well if he gets $1200 from each owner, add it up. That is a good chunk of money whether he wins or not. I realize not everyone will get involved in this suit. I am a little hesitant as I am a widow and don’t have anyone to advice me. As far as getting them to sell TMC.; the attorney general already ruled on that. They have to sell and get out of the business. So Zimmerman will not have to deal with that. I just want my money back from the crooks.

And the letter says "an INITIAL payment of $1250...

INITIAL