Manhattan Club Lawsuit

Yes, Tulip, I researched all of this when I was suing. The "problems" as you describe is for you all in your own individual localities to research and figure out. All of these things are doable and they can be found out. For instance I would start by asking the court clerk of your own town. If that is not doable there, then call the county clerk or pay a visit to your county court house. In my case I was suing a woman who lived in Queens NY and I live in Jersey. I went there, only to find out that I could have made her and her lawyer COME TO ME. This is what I get over and over, "oh, what about this" and "oh, what about that". Go out and do it people. Start calling, asking, doing research, gathering pertinent documentation... Geterdone!

People keep on on talking about someone purchasing the company. We are hiring a new management company. The association goes after the unpaid maintenance fees when judgements have been obtained on the individuals. Is New York so different? What does it take in New York for a board to be be taken over by owners? In California it is when a certain number of units have been sold.

Also, I've never seen anyone complain about not being able to use Interval World as an exchange company. I can use SFX, GPX and any other exchange company except for Interval World because Eichner had a contract with RCI barring this. Is this not a Restraint of Trade? Interval has added a new alternative to their options, and I would very much like to take advantage of it. A new board could do something about that, I would think. We own these units and should be able to exchange, rent or sell our week or weeks.

Nathan, Irene did get a judgement in her favor. At least two Manhattan Club attorneys showed up which made it all the more interesting ...I believe she had no attorney. She then offered to "help" others on the forum for a fee, as she felt she had spent so much time already dealing with this situation that she could no longer spend any more time without earning something for her efforts. I cannot tell you when, to my best recollection, it's been within the last year. Again, she won the judgement, but collecting whatever she won is a whole other ball of wax. If "they" don't pay up, you either have to pursue them or hire another attorney to sue on your behalf. I don't know if she eventually collected. She did not share in regards to the final outcome. But she did offer to help for a fee, so it doesn't seem she would have done that if she wasn't allowed to talk about it. Maybe Kylie with Redweek could tell you if there is a way to do a search on it within the forum. Sorry, I can't remember, perhaps some others on the forum do remember.

Nathan, I did a quick google search and found this: "Thank you. I accept your offer to walk me through filing a small claims complaint against TMC. Please send me the details. irene.smalls@gmail.com"...Irene wrote this on Nov 29, 2017..so she "won" sometime after that. Maybe Jeff Weir would know since he is a journalist with Redweek and may have commented on this...Deb

What major debts are you saying the entity purchasing the Management will be taking on? Remember, our grievances are with the Development Company - not the Management Company or whoever buys the Management Company. Any judgments an owner might get against Eichner ( and his development Company) will not be assumed by the new Management Company. These are 2 totally different entities.

Deborah, I just went back through this thread, page by page. The last time Irene commented on her suit was on March 3. She never said she won. She said only that winning $5000 would be better than waiting a few years for a few hundred dollars. If there is a non disclosure agreement, than the case was settled out of court and nobody here knows the details. NDA’s are not part of a court judgement, which becomes public information. So unless there is someone here who has been in touch with Irene directly, please stop spreading this “urban rumor”

Nathan, I spent a lot of time, close to an hour trying to find that post for you. You don't need to be ordering me to stop spreading a rumor which in good conscience I am not doing. I know what I read. Perhaps that post was taken down by Irene or someone else as posts can be edited. And I know after her "success" she offered to guide others through the process/give advice for a pretty hefty fee.

P.S. Perhaps Irene did "collect" and part of the deal was for her to take down those posts. I did not imagine or misunderstand what I read. I remember other posters responding and being disappointed that she would charge fellow owners to help them.

Nathan, I went back and read the March posting and I guess I have to eat crow and apologize to you. Originally, I misunderstood that she won...I guess she just filed and we don't know what happened in April when the case was continued. I wasn't spreading rumors intentionally, being human, I misunderstood. I can do without some of the bullying that goes on in this forum.

bullying and back-and-forth disagreement/ bickering make up about two- thirds of this forum. few, if any, offer constructive (and perhaps profitable-to-owners) ideas about getting, via litigation, justice for all owners. schneiderman and his botched up "settlement" got us NOWHERE. let's move on from there and have eichner and his (former) manhattan club tried in a proper criminal court of law by attorneys general from either local, state or federal entities. eichner committed crimes, not just minor offenses, even federal mail fraud crime (via his mailed literature to lure unsuspecting purchasers to sit on his lie/fraud-ridden sales presentations.) i predict that private attorneys or small claims strategies will lead us nowhere (and they're both difficult to establish.) using publically funded legal representation to re-open this case in a criminal venue appears to be a viable alternative.

URGENT!!!! for those that are Zimmerman clients and perhaps those of you on fence! I did post in our Facebook group the proxy he needs you to sign and notarize and send back to him ASAP. I will post the wording here below - copy /paste it in a document/execute/have notarized and send it to Jean Marc Zimmerman ASAP.

. Also please request the 8/9 admission ticket in your own names and then forward the ticket to Zimmerman once you receive it. Please do ASAP!!! We do not have much time.

PROXY

I, , am an Owner of a timeshare at The Manhattan Club. Pursuant to New York Not-For-Profit Corporation Law (NY NFPL), Section 609(a)(1), and as authorized by the Timeshare Plan, I hereby grant a proxy to Jean-Marc Zimmerman to receive my attendance credentials, and to act in my stead to attend and participate in the upcoming Owner’s Meeting on August 9, 2018 of The Manhattan Club Timeshare Association Inc., including the right to speak, put forth motions, vote, and inspect or request the right to documents.

Date: July _____ 2018 By:

State of: County of: The foregoing document was acknowledged before me this day of , 2018

Notary Public’s Name

Notary Public’s Signature

Hello Deborah, no crow on the menu and no apology required. I spent over an hour myself going post by post. My point is that no one knows irene’s outcome except irene. And people on this frequently just repeat stuff in a well meaning but inaccurate way. I didn’t mean you were deliberately spreading a rumor, just that by repeating it, other folks consider it true. By tomorrow, someone will be asking for Alex and someone else will be telling us that Irene won.

Nathan, thank you for your kindness...I was reactive and then very embarrassed when I realized I had totally misinterpreted what Irene posted in that March posting which I re read. I thought Irene had posted that she had won, but that was not the case. Again sorry for being so sure and jumping on you...bit of a touchy day today...Be well, Deb

Likewise, be well. Tomorrow’s another day.

So - if we give Zimmerman the proxy, we do NOT vote for the Board members ourselves - he will do it for us at the meeting? We need to know the proper procedure so that our votes count . We don't want to submit our own votes and then give Mr. Zimmerman the proxy that would allow him to vote - then our votes would probably be thrown out along with any that Zimmerman submits on our behalf.

Checking on that

Check this out: (you may have to copy and paste)

https://fox4kc.com/2018/07/23/overland-park-family-stuck-paying-for-branson-timeshare-they-cant-even-use/

Having been involved in other boards as an owner you just get one vote unless you own more than one week. You should have votes for each period you own.

Interested in joining suit. Sid.feldman@verizon.net

seems like another highly unfortunate fellow timeshare purchaser. we don't need to be reminded of that. i wonder if eichner has his filthy fingers in that enterprise as well.