Manhattan Club Lawsuit

I ENJOYED READING YOUR RESPONSE, AS OTHERS, BUT I DO NOT KNOW ANYTHING ABOUT RECEIVING ANY CHECK FOR ANY AMOUNT. CAN YOU TELL ME WHERE IT CAME FROM, AND AN ADDRESS OR HOW I CAN INQUIRE. THANKS

Owners on the Yahoo discussion group say the checks are coming from the Better Business Bureau of NY as the administrator for the settlement. No one seems to know how calculations for this restitution money is done, range seems to be around $50-$500.

We have not received ANY check or notification about a payment. Did those receiving checks contact the BBB?

I just read about some timeshare owners getting checks as their share of the settlement; I haven’t received anything yet and wondered how some received checks.and not others and what criteria was used (?). It’s not a lot of money to be sure. We are longtime owners with 1 BR UNIT fully up to date, wanting to sell as so many of us. I can’t believe the way this is being handled. If anyone has any info, I hope they will post it .

The AOD sets the terms for the settlement. (For those who haven’t been following, that’s available on the AG’s website.) I imagine the actual rates of payment are being adjusted based on the variation in maintenance fees charged different contracts and unit sizes. As a practical matter, I don’t see how any allowance can be made for the lack of satisfaction with the dates occupied or rented at a loss by owners as long as they WERE occupied. And to be certain, the BBB is not doing this pro-bono. I will be perfectly happy to see a final accounting around July 2020 showing how the $6.5 million was disbursed. If you can’t accept that and want to prolong this purgatory, Mr Biello has offered alternative advice. JMZ seems formidable. Personally, I’m going to let this play out without my becoming involved in the lawsuit.

Rate appears to be $26.47 per person on title, per night missed over a 4 year period. There are few users on the yahoo site that reported the same amount consistent with the above quoted figure.

Thank you for your message. Can you provide a phone number for Lynne O'Donnell?

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I'd like to know more .We've had one since 1999 and been fighting this for years...

Eddie Pimlott

We have not received check or the AG notification about a payment. Seems odd to have BBB to administering the payments like we are stepping from one trap into another. Payment formula is unknown, the number of beneficiaries is under question, the real amount of restitution is hidden, and there is no guarantee BBB is getting correct information on reservations and owners.

Should we request explanation and more restitution details from BBB? Is there address and phone number to contact BBB in the AG notifications ?

I received 899.00

Suzanne: can you tell us anything about how they FOUND you? Were you on a list of some kind, or did you file a complaint? How did they identity YOU as someone who was denied use of a unit?

suzannei14 wrote:

I received 899.00

$25,000 in TMC RESTITUTION Clause 88 on page 20 in the Assurance of Discontinue Eichner signed with the New York AG states" Nothing contained herein shall be construed as to deprive any person of their private right under the law". Sue Eichner/TMC in Civil Court for the maximum of $25,000. You can sue without a lawyer. Pro Se and after Sheriffs office fees to serve notice it will cost $120. Be smart and hedge your bets. If you have the money go with Attorney Zimmerman's case and file your own Civil Suit, too.

Irene Smalls

I have no idea. I have not filed a complaint although I'm thoroughly disgusted. I have stayed there twice since 2004. I just opened the mail and there it was,899.

$25,000 TMC Restitution Steps 1. Go to 111 Centre St. NY. NY. Civil Clerk's Office, First Floor 2. File a Summons with Endorsed Complaint against Ian Bruce Eichner, T Park Central, LLC and O Park Central, LLC. ASK FOR A JURY TRIAL. File for $25,000 and to end all contracts & Agreements with TMC. Cost approximate $40 3. Go to Sherriff's office to serve your Summons & Complaint. Approximately $80 4. Start preparing your case documents. Get all your TMC timeshare sale materials together. Use New York Attorney General's court filings and the Assurance of Discontinuance. 5. File Proof of Service with the Civil Clerk's Office

Note: go to free Civil Legal help office, first floor 111 Centre St. Get copy green booklet of "How to Try or Defend a Civil Case When you Don't have a Lawyer. Also online https://www.nycourts.gov/COURTS/nyc/civil/resourcecenter.shtml

More info/forms on Civil Courts website Eichner is determined to fight every case. He has lots of lawyers. Smart Lawyers and our money to fight us with. GO TO COURT and get your $25,000

Irene - do you still have your timeshare weeks at the Manhattan Club?

Yes, I do. Why do you ask?

Irene Smalls

I was just wondering if you would be able to be involved in the Zimmerman lawsuit of if you had settled all your claims.

I have owned at Manhattan Club for many years and have had same problems as others with reserving space and always increasing maintenance. Have been unable to sell due to litigation. Please include me with lawsuit, What is latest news for existing owners?

I just received a phone call from Louis Solomon, NY AG office, as follow up to my phone calls to the Better Business Bureau of Metropolitan NY (212)533-6300. I was calling the BBB to learn the status of my Manhattan Club Restitution payment. Lou called to inform me I am not eligible because: if one COULD NOT USE THEIR TMC UNIT but converted the week to RCI (as I did before my week(s) expired) - THEY ARE NOT ELIGIBLE for the Manhattan Club Restitution payment. The basis is: if one was able to receive a benefit through RCI, they are not eligible for the restitution.

This story just keeps getting worse.

robertr964 wrote:

I just received a phone call from Louis Solomon, NY AG office, as follow up to my phone calls to the Better Business Bureau of Metropolitan NY (212)533-6300. I was calling the BBB to learn the status of my Manhattan Club Restitution payment. Lou called to inform me I am not eligible because: if one COULD NOT USE THEIR TMC UNIT but converted the week to RCI (as I did before my week(s) expired) - THEY ARE NOT ELIGIBLE for the Manhattan Club Restitution payment. The basis is: if one was able to receive a benefit through RCI, they are not eligible for the restitution.

This story just keeps getting worse.

So did it sound like the AG has records of who was denied and who traded? In other words, how did they determine who is eligible? how did they find the 14,000 - 18,000 owners and figure out a) how to contact and b) who was denied/traded etc. Just curious.