Manhattan Club Lawsuit

Thanks, Irene, for the update. I signed the petition and although I personally do not post to Facebook, I forwarded the information to several friends and they will post the link to the petition. Maybe if more people learn of this travesty, there will be a good outcome.

Hey Chris, my recommendation is to contact the plaintiff attorney, Stephen blau, and decide for yourself what you think is going on. I am an independent voice providing information about what I have learned. I am also a timeshare owner, so I am naturally an advocate for owners. From what I understand, Blau is also an owner at Manhattan Club, so he probably understands the issues extremely well. In any case, stay active. Good things happen when people participate.

So it is my understanding from the previous comment that you have to live in New York City to be a part of this Class Action lawsuit again TMC....which means that others like myself are fighting for nothing because the suit has not been filed in Federal Court? What are our options as owners outside New York City?

I suggest you contact Attorney Blau to get the answers to your questions about the class action law suit. My understanding is the only owners who will directly benefit are those in New York. But, Blau's suit will help all scammed Manhattan Club owners in that the Manhattan Club is being required to disclose for the first real information about the number of members, financials, etc. This is powerful info that we "owners" outside of New York can use in our complaints and actions against The Manhattan Club. When Blau wins his case that is support of other cases against the Manhattan Club. If a judge in New York finds fraud we can use that. I am supporting the Blau class action suit for that reason.

The more actions against The Manhattan Club the better!

Hello Judy; no lawyers are participating in these forums because they don't want to be held liable for their opinions. Anything they say in a public forum like this could be used AGAINST them in court. To get clear legal advice, you have to talk to a lawyer. However, from what I understand, this case is a class action on behalf of all residents of New York (why? because this is the core customer base of the MHC)). This case is important to non-NY residents because, whatever the outcome, it will set a precedent for future cases. For example, if the case is resolved through a settlement, then non-NY residents will go to court to achieve the same settlement that was offered to NY residents. That's the logic.

Does anyone if Chrisv is a staff member of MC? Sure sounds like it.

chrisv126 wrote:

jeff, your opinion is respected and has merit. however, being somewhat pessimistic concerning the MC (an owner for about 11 years) i must stand by my comments expressed to lena above. i believe the same attorneys for owners who lost, through dismissal of the last suit, the class action we had against the MC in 2012. ok...........why haven't we seen one word from these attorneys in this forum...with updates on the progress of this current class action suit?

jeffw355 wrote:

Hello, please read my story on the lawsuit to get a full picture of activity in the lawsuit; it's in the "ask redweek" forum. The case is live and in the discovery phase with the next hearing set for September. Anyone who claims the case is a lost cause is opinionated but out of the loop. Two prior cases were thrown out of federal court, which is a different jurisdiction entirely than New York State court. The state court judge has already dismissed one motion by the Manhattan Club to derail the case, and they are now appealing that to a higher court. Bottom line is that the Manhattan Club will do anything to avoid litigating the merits of the case because they'd face a lineup of owner-witnesses who'd testify that they were duped into buying timeshares they could rarely if ever use. Can you imagine a jury siding with a big company that deliberately gouged customers? I can't, and neither can the Manhattan Club, which is why all of their efforts are aimed at getting the case thrown out of court prior to any trial. Just my opinion.

Thanks Jeff. Understand the precedent of the case for New York owners. Will follow the class action suit and hope the outcome is for the NY owners so us outside of NY owners can start our case. Thanks everyone in this forum for so much information and help....truly appreciated! I'm hoping to call in to Lynn O'donnell to see if there is any more buy back options for owners from TMC and what they are. Will post the outcome.

any mc owner who sells back to the scamming mc for under $15,000 (read $1-200) is doing exactly what the mc "leaders" planned........long range, that is.......sure, they'll offer owners a buyback plan (a joke in itself) for $100, and then as owners of your reclaimed property go ahead and put it on redweek.com or booking.com and rent it for upwards of $4-500/nite, according the the type of accommodation. this makes perfect sense given the type of management owners are dealing with at the mc. might one even consider that their business plan and model is working perfectly FOR THEM?

judyf162 wrote:

Thanks Jeff. Understand the precedent of the case for New York owners. Will follow the class action suit and hope the outcome is for the NY owners so us outside of NY owners can start our case. Thanks everyone in this forum for so much information and help....truly appreciated! I'm hoping to call in to Lynn O'donnell to see if there is any more buy back options for owners from TMC and what they are. Will post the outcome.

Anger and frustration with The Manhattan Club is shared by thousands of scammed Manhattan Club owners. Please sign our petitions to the Governor and the Mayor. The New York Attorney General's office has refused to stop this scam. We are fighting back.

To the Governor: http://chn.ge/REH0a0

To the Mayor http://petitions.moveon.org/sign/mayor-diblasio-stop-the?source=c.em.mt&r_by=10286027

Irene Smalls

Several Manhattan Club owners have had incriminating conversations with Manhattan Club personnel. Without hard evidence, like a recording, everything is hearsay. Hearsay is not admissible in court. Record conversations you have with TMC. We are building our case to shut The Manhattan Club down.

Irene Smalls

au contraire: owners are NOT TRYING TO SHUT THE MANHATTAN CLUB DOWN; OUR GOAL IS TO ESTABLISH (OR REINSTATE) REASONABLE RESERVATION AND MAINTENANCE FEE GUIDLINES. WHY WOULD OWNERS WANT TO SHUT DOWN SUCH A FANTASTIC PHYSICAL FACILITY? WE WANT MC MANAGEMENT TO FACE THE MUSIC AND TO STOP THEIR GREEDY TACTICTS, BUT INDEED, TO KEEP OUR WONDERFUL GETAWAY BEAUTIFULLY INTACT. LET'S NOT LOSE SIGHT OF THE FACTS AND OUR END RESULTS OF THIS LAWSUIT.

irenes93 wrote:

Several Manhattan Club owners have had incriminating conversations with Manhattan Club personnel. Without hard evidence, like a recording, everything is hearsay. Hearsay is not admissible in court. Record conversations you have with TMC. We are building our case to shut The Manhattan Club down.

Irene Smalls

One of our members have pointed out...

FYI, IT'S ILLEGAL TO RECORD CONVERSATIONS UNLESS BOTH PARTIES INVOLVED IN THE CONVERSATION ARE MADE AWARE, AND AGREE TO THE RECORDING. YOU CAN HAVE SOMEONE LISTEN TO THE CONVERSATION ON PHONE EXTENSION WHO WOULD BE ABLE TO CORROBORATE WHAT WAS SAID.

Irene Smalls

NY is a one-party consent state (which is if either party gives consent for the call that is sufficient)

New York Wiretapping Law

New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05. (link is to the entire code, you need to click on the Penal Code section, then choose Article 250 and locate the specific provisions). Thus, if you operate in New York, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

To: manhattanclubowners@yahoogroups.com From: manhattanclubowners@yahoogroups.com Date: Thu, 5 Jun 2014 17:21:12 -0400 Subject: Re: [manhattanclubowners] FW: Limited Time Offer: Premium Stays in NYC Starting at $199USD per night

WOW 30% No wonder we can’t book. From: mailto:manhattanclubowners@yahoogroups.com Sent: Thursday, June 05, 2014 4:53 PM To: manhattanclubowners@yahoogroups.com Subject: RE: [manhattanclubowners] FW: Limited Time Offer: Premium Stays in NYC Starting at $199USD per night I was frustrated to learn at a presentation last week that the Manhattan Club has a special partnership with RCI, and as a part of that partnership they guarantee RCI 30% of the inventory. Therein lies the reason for the difficulty in getting reservations. That is a third of the inventory.

The Federal Trade Commission covers Timeshare Fraud

Here's the link to file a complaint against The Manhattan Club:

https://www.ftccomplaintassistant.gov/GettingStarted?NextQID=254&Url=%23%26panel1-8#crnt

Regards,

Irene Smalls

WebCivil Supreme - Appearance Detail Court: New York Civil Supreme Index Number: 652662/2013 Case Name: BISK, LEONARD vs. MANHATTAN CLUB TIMESHARE Case Type: Cd-Econtract Track: Standard

Appearance Information: Appearance Date Time On For Ap pearance Outcome Justice / Part Comments Motion Seq 06/30/2014 Motion RAMOS, CHARLES E. IAS MOTION 53EFM 11:00AM 003 06/30/2014 Supreme Trial RAMOS, CHARLES E. COMPLIANCE CONFERENCE 53 11:00 A.M. 0 6/10/2014 Supreme Trial Compliance Conference Adjournd RAMOS, CHARLES E. COMPLIANCE CONFERENCE 53 10:30 A.M. 04/15/2014 Supreme Initial (first time on) Preliminary Conference Held RAMOS, CHARLES E. IAS PRELIMINARY CONFERENCE 53 NIFLBY 09/30/2014 04/14/2014 Motion Adjourned RAMOS, CHARLES E. IAS MOTION 53EFM 11:00AM 003 03/25/2014 Motion Adjourned RAMOS, CHARLES E. IAS MOTION 53EFM 11:00AM 003 03/05/2014 Motion Oral Argument (60 Centre) RAMOS, CHARLES E. MUST SUBMIT WORKING COPIES 11:00AM 003 02/24/2014 Motion Adjourned RAMOS, CHARLES E. EFILED COMMERCIAL SUBM CAL STIP 003 01/07/2014 Motion Adjourned RAMOS, CHARLES E. EFILED COMMERCIAL SUBM CAL STIP 003 01/07/2014 Motion Fully Submitted RAMOS, CHARLES E. EFILED COMMERCIAL SUBM CAL 53EFM 002 01/07/2014 Motion Fully Submitted RAMOS, CHARLES E. EFILED COMMERCIAL SUBM CAL 53EFM 001 12/24/2013 Motion Adjourned RAMOS, CHARLES E. EFILED COMMERCIAL SUBM CAL 001 12/24/2013 Motion Adjourned RAMOS, CHARLES E. EFILED COMMERCIAL SUBM CAL 003 12/24/2013 Motion Adjourned RAMOS, CHARLES E. EFILED COMMERCIAL SUBM CAL 002

__._,_.___ Posted by: dencopeland@gmail.com

Facebook has taken down The Manhattan Club is a Timeshare Scam Facebook page.

This is what TMC is threatening to do if you do not pay your maintenance dues. After not being able to get reservations for 2 years 1 owner stopped paying. TMC filed against the owner's credit report. They sent her the letter via email below.

Begin forwarded message:

From: Chris Anzuoni <ChrisA2@TMCNY.com> Date: May 6, 2014 at 6:53:11 PM PDT Subject: Re: Foreclosure Prevention

You may call me tomorrow. I am constantly on the phone so if you get my voice mail please leave a message and I will call you back. Best regards. Chris.

On May 5, 2014, at 1:22 PM, Chris Anzuoni <ChrisA2@TMCNY.com> wrote:

May, 5 2014 (Owner's name taken out for privacy) We, the Non-Sponsor Board Members, are writing you today because the attorneys for The Manhattan Club Timeshare Association (“Association”) are advising us that we have no choice except to file a foreclosure lawsuit on your timeshare interval due to your delinquent Timeshare Charges and Real Estate Taxes. We are sure that you have reasons for not keeping up with your financial obligations at The Manhattan Club, and, as fellow Owners, we are distressed that we find ourselves as Members of the Board of Directors, in the position of having to file a lawsuit against you. On the other hand, other Owners are paying higher Timeshare Charges as a result of your delinquency, thus this letter to you. Before we authorize a lawsuit against one of our own Owners, as Members of the Board of Directors, we would like to know if you have any interest in remaining an Owner at The Manhattan Club. If so, please contact Chris Anzuoni at (212) 453-8128, at your earliest convenience, to discuss options you may have to return you to an Owner in good standing. If, however, you have no interest in retaining your interval at The Manhattan Club, then we recommend the option of deeding the property to the Association in lieu of being subjected to a foreclosure lawsuit. By executing this letter in the space provided below and returning it in the enclosed self-addressed envelope, you will be provided with documents to erase all of the financial obligations owed on your interval, including any mortgage which encumbers your interval. Upon receipt of the executed documents, a settlement check for $100.00 will be sent to you. You will then be relieved of all existing and future financial obligations owed by you to the Association and Sponsor under your mortgage, if applicable, preventing a foreclosure lawsuit being filed against you. We look forward to hearing from you in the hope of your account being brought current, which as an Owner in good standing will allow you to utilize and enjoy your ownership at The Manhattan Club. If that is not possible, we are grateful we have found an option to avoid a foreclosure lawsuit being filed against you with all of the attendant negative consequences to your credit standing. Please respond to us within one (1) week to resolve this matter by executing this letter in the below space indicating your desire to avoid foreclosure by deeding your interval to the Timeshare Association. Thank you for your anticipated cooperation. Sincerely, Members of the Board of Directors (Non-Sponsor): James T. Dunphy Neil Gilberg Patricia Soltys ACKNOWLEDGED/AGREED TO: ______________________________ ______________________________ (Owner Signature) (Owner Signature)

From: David Smerling <dsmerling@aol.com> Sent: Mon, Jun 23, 2014 1:11 pm Subject: TMC

My wife and I attended the Club's presentation held in Wakefield over this past weekend.

I learned several things, to the extent they knew what they were talking about, as follows:

1. There are 3 "classifications" of rooms -- owner's rooms, "hotel use" rooms, and Developer's rooms. We, the owners can only reserve from the pool of owner's rooms. I pressed, but they didn't divulge or know what relative amounts or percentages were contained in these groupings.

2. For several years now, all new owners were buying into this new "point" system. This created two tiers of owners.

3. And here is the problem from a "booking" perspective -- even beyond the developer's hold back of rooms. Points owners who have The Manhattan Club as their home base can reserve rooms 11 month's in advance. Then, any points owners worldwide -- not Manhattan club based -- can reserve rooms 10 months in advance. I was told the 11 month window means 100% of owners rooms are available and that the 10 month window gives you a 60% chance. So, by the time we regular owners can book at 9 months in advance, there is little if any rooms left to begin with.

4. Parenthetically, there are a lot of complexities involved with owning "points"-- and they are theoretically good, depending on the relative percentages of kinds of ownerships and whether the concepts they describe actually work in reality. But that's a discussion for another day.

David Smerling

Has anyone received a buyout letter from Stroudsburg? Can unload this unusable property and they'll send you $100.00. Any thoughts? jamesg658