Manhattan Club Lawsuit

Who do we contact to buy our unit Thanks

jamesd788 wrote:

So, pray tell, what are the particulars? There are many of us that would be interested. Many thanks.

roberte682 wrote:

I know a company that will take a manhattan club timeshare directly out of your name and into theirs.

You have no wait.

roberte682 wrote:

I know a company that will take a manhattan club timeshare directly out of your name and into theirs.

You have no wait.

I’d appreciate knowing who to contact Bev

What about owners still paying monthly maintenance fees. What should we do now? Who owns MCNY?

I’d appreciate knowing what company you used Thank. You hbr

Any update on the Zimmerman legal proceedings?

I just found this forum because I’m mad to find out we can’t make reservations through TMC or through RCI without paying a transaction fee for our home club because we didn’t buy a full week. Of course they didn’t tell us this when they sold it to us. I am thinking this may be why we have NOT received any offers of buy outs or settlements. All we ended up with is an Rci membership that we have to pay for on top of TMC fees and taxes.

TMC UPDATE

We are pleased to report that on Thursday Judge Lebovits of New York County State Supreme Court denied TMC's Motion to Dismiss Robert Tucker's complaint to access TMC's member list, ruled (based on the facts now of record) that Tucker's purpose in seeking to access the list was not improper, ruled that TMC’s allegations of improper purpose for requesting the member list were insufficient to block access, and scheduled a hearing on the matter for November 6, 2019. We will prepare for and attend the hearing to obtain the list. We will keep you apprised of further developments.

Judge Lebovits expressly found that “[e]ach of [Mr. Tucker’s] articulated purposes for seeking inspection of the Timeshare Association's member list is proper”, and the burden is therefore shifted to TMC to “put forward a basis to conclude that Tucker's inspection demand is made in bad faith or for improper purposes…. Association's burden is to demonstrate that the pleadings necessarily show that Tucker should be denied inspection because his purpose is improper. [FN omitted] That is a high bar to meet-and the Timeshare Association does not meet it here… The Timeshare Association argues that Tucker's complaint should be dismissed because his purposes in seeking inspection are improper in several respects. This argument is without merit.” At the hearing, we expect TMC to make further arguments supporting its allegations that Mr. Tucker’s motivation is improper, responding to Judge Lebovits’ statement that “[t]his court's conclusion does not foreclose the possibility that the Association can better support its claims on this point on a more-developed record.”

Further Judge Lebovits also ruled that TMC has improperly imposed a restrictive by-law invented by the Eichner’s, and contrary to NY Law, that “it may properly decline to produce its member list to Tucker for inspection and copying because a corporate by-law bars it from doing so.” He therefore concluded “the Timeshare Association by-law in question is not, without more, an adequate basis to require Tucker to pay the Association to distribute his communications for him rather than granting him access to the member list so that he may send his communications directly. [FN omitted]”

Finally, Judge Lebovits did not agree with Mr. Tucker’s request on all issues, and in particular refused to enjoin TMC’s ongoing buyback program, leaving that for future action by the members after they are organized by access to the requested list. We believe that the buyback program is improper, among other reasons, because: it is not fairly implemented with respect to all members; potentially perpetuates or excuses frauds of which we complain; upsets the status quo by purportedly transferring rights to BlueGreen who we allege has not properly assumed the role of sponsor of TMC; and enriches BlueGreen at the expense of the members who paid full price for their interests. The buyback program maintains the incentive for TMC to continue to charge high maintenance fees until each member concedes that the high and increasing maintenance fees charged outweigh the benefits of TMC membership, and thereby give Bluegreen full ownership of TMC.

Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090 T: (908) 768-6408 F: (908) 935-0751

Sounds promising...thank you very much!

I don't think the fact that you have a partial week has any thing to do with your RCI fees. We were told it would be a separate # for reservations but that it would be easier because one could also reserve at the Hilton, fat chance of that. The only way out if you dislike RCi is to drop the RCi and go back to only dealing with TMC; otherwise TMC will not talk to you directly. This assumes you are up to date on your TMC maintenance & taxes. The annoying thing is that you, a TMC owner, are treated just like other RCI owners of other time-shares, and apparently there are X days reserved for RCI members irrespected of where their home base is. And since so many folk are not paying TMC fees and therefore not eligible to use their days, it is apparently relatively easy to make reservations these days.

jean marc et al,

many thanks for all of your hard work and perseverance regarding this case. all on this forum will benefit from the results and all should be offering their appreciation and strongly consider joining your (and our) cause at the end of the day.

THANKS AGAIN!!!!

jeanmarcz wrote:

TMC UPDATE

We are pleased to report that on Thursday Judge Lebovits of New York County State Supreme Court denied TMC's Motion to Dismiss Robert Tucker's complaint to access TMC's member list, ruled (based on the facts now of record) that Tucker's purpose in seeking to access the list was not improper, ruled that TMC’s allegations of improper purpose for requesting the member list were insufficient to block access, and scheduled a hearing on the matter for November 6, 2019. We will prepare for and attend the hearing to obtain the list. We will keep you apprised of further developments.

Judge Lebovits expressly found that “[e]ach of [Mr. Tucker’s] articulated purposes for seeking inspection of the Timeshare Association's member list is proper”, and the burden is therefore shifted to TMC to “put forward a basis to conclude that Tucker's inspection demand is made in bad faith or for improper purposes…. Association's burden is to demonstrate that the pleadings necessarily show that Tucker should be denied inspection because his purpose is improper. [FN omitted] That is a high bar to meet-and the Timeshare Association does not meet it here… The Timeshare Association argues that Tucker's complaint should be dismissed because his purposes in seeking inspection are improper in several respects. This argument is without merit.” At the hearing, we expect TMC to make further arguments supporting its allegations that Mr. Tucker’s motivation is improper, responding to Judge Lebovits’ statement that “[t]his court's conclusion does not foreclose the possibility that the Association can better support its claims on this point on a more-developed record.”

Further Judge Lebovits also ruled that TMC has improperly imposed a restrictive by-law invented by the Eichner’s, and contrary to NY Law, that “it may properly decline to produce its member list to Tucker for inspection and copying because a corporate by-law bars it from doing so.” He therefore concluded “the Timeshare Association by-law in question is not, without more, an adequate basis to require Tucker to pay the Association to distribute his communications for him rather than granting him access to the member list so that he may send his communications directly. [FN omitted]”

Finally, Judge Lebovits did not agree with Mr. Tucker’s request on all issues, and in particular refused to enjoin TMC’s ongoing buyback program, leaving that for future action by the members after they are organized by access to the requested list. We believe that the buyback program is improper, among other reasons, because: it is not fairly implemented with respect to all members; potentially perpetuates or excuses frauds of which we complain; upsets the status quo by purportedly transferring rights to BlueGreen who we allege has not properly assumed the role of sponsor of TMC; and enriches BlueGreen at the expense of the members who paid full price for their interests. The buyback program maintains the incentive for TMC to continue to charge high maintenance fees until each member concedes that the high and increasing maintenance fees charged outweigh the benefits of TMC membership, and thereby give Bluegreen full ownership of TMC.

Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090 T: (908) 768-6408 F: (908) 935-0751

THe Atty zimmerman report today provides encouragement of some redress of grievences but all need to understand that he represents only those that have given him a retainer. many possible outcomes may exclude full participation to those that dont support his effort..

Yes, to confirm you do need to retain Mr Zimmerman for you to be included in anything he does for our group. please consider joining and putting faith in his team. thank you.

How much does it cost?

I just checked in for a client who doesn't get into the city much and would like to Deed back and move along. The word was she was on the list and they had no idea as to when she might receive the paperwork.

When you say I "know" a company that will take back the TMC deeds, and process quickly, its because you have actually done so? Seems like many here would love to hear more about that...So, please enlighten us; who is interested in TMC deed-backs, besides allegedly TMC and did you use them?

I'm assuming that he wants the list to reach out to owners to join? The majority of owners don't even know about Attorney Zimmerman yet

it is essential to keep in mind that ATTORNEY ZIMMERMAN recently moved far beyond what any other attorney vs TMC has attempted to do. he succeeded in obtaining the meaningful and very important use of TMC OWNERS' LIST. the use of this victory has the potential to make many TMC owners approach the threshold of vindication from the fraud and sham thrust upon us by the TMC principals. we fell prey to the fraudulent and empty promises of the very-well-trained eichner sales staff, after which we became TMC owners. this very TMC ownership made so many of us eventually regret we ever heard of TMC and its (for example) out-of-control, exorbitant maintenance fees and other transgressions. it is hoped that attorney zimmerman's CURRENT LEGAL VICTORY will lead to further litigation that will benefit TMC owners.

Chris V. I'm here and ready to buy you a drink. Make it early. I have show Tix.

I have been following this forum for quite some time, since , unfortunately I am an owner. Many posts are helpful. However, what I would like to know is a description of the process to resell my condo -- step by step. I have read all about the legal issues. I am not looking to recover the initial investment. Of course I would like something, but if not, I simply want to get rid of it.

Does anyone have a description of the process, or would anyone be willing to sketch this out?

Thanks

Can we did back the timeshare for $100?