Manhattan Club Lawsuit

hello,

it would be to zimmermans' financial benefit and his role as TMC owners' legal representative to inform us in this forum of "..... an update from the Zimmerman Law Firm ....... with the progress they continue to make." i do not mean for him to disclose his legal strategies or to "show his hand" but to at least give those who have not yet joined him a reason or reasons to do so. many are reticent to give $1,250 with no real background reason for doing so. some argue that many owners are paying over $3,000 maintenance in most cases; so what's another $1,250?.....not a reasonable argument. let's hear from YOU, mr zimmerman.

chris

tulipblossom wrote:

I have just received an update from the Zimmerman Law Firm and I am very impressed with the progress they continue to make. I would strongly urge everyone not already a member of this group to consider joining. It appears that Mr. Zimmerman is diligently working on obtaining the list of owners and is committed to representing our group to the best of his ability. He has other hearings before the court scheduled.

Because it is a waste of money. Providing another $1,250 is throwing money away. If anyone thinks Zimmerman has a shot at getting money back just wait and see. If Zimmerman is successful than hire them after they get the first "WIN" as in get money back. If Zimmerman is successful and has money returned to owners than that is fantastic. Zimmerman will now have a great case study to go back and get money for all other owners.

The attorney Zimmerman is doing a great job with the case at hand. I have confidence that something good will come of his due diligence. Everyone should sign up with him so he can do the work necessary to move forward. To wait UNTIL he wins is a ridiculous idea. My opinion!

JD - I understand your arguments but I will now divulge to you, Chris, and others- I do have a legal background and I believe that the Zimmerman firm is our best bet. The only option left is to retain your own legal counsel because while I hope that the new Attorney General will pursue action on the timeshare owners' behalf, she will most likely be estopped from reopening this case unless new fraud is discovered or the terms of the settlement have been breached. The bar will be high and I'm not sure she will choose to reopen this case - I hope so - but we need to be realistic. So, the options are - go with Zimmerman, hire your own attorney, keep your fingers crossed that the new Attorney General will reopen the case, or continue to complain and do nothing. Chris, I hope you will contact Mr. Zimmerman and lay out your concerns and then maybe he will share more on this site. I can assure you that from what he has shared today with those of us who have retained him, I don't feel like my money has been wasted. And J. D. - what do you suggest - which course of action will you choose to take?? There are well over 200 pages of postings on this site that cover a span of many years - what progress has been made except for the ridiculous settlement by the former Attorney General? And I will be the first to admit, Mr. Zimmerman may not be successful but I will not believe I have thrown my money away. Those of us who have retained him have actually done something to advance a possible additional settlement of our grievances. Nothing is free!!

I was initially contacted by Lynn in Sept advising us we were part of the give back. She told me within 90;days we should receive our paperwork. Well it’s now Mar and we haven’t received these papers. I spoke with her several times over the last six mos and she assures me we are part of the give back but there’s been a delay in getting paperwork out, I haven’t received a bill to pay maintenance for this year. Whether you should pay, that’s up to you. I wouldn’t.

Update...documents arrived this afternoon.

Chris, this is news. Contacted by the AG's office and advised they're party to a settlement of some type?

Hi! Pls let me know how you make out with that. Also, I’m still paying on my unit. Are you aware if they would take back a unit that wasn’t paid off yet? Thank you! Donna

gail j, i'm sure you have the best of intentions. however, your telling contributors to this form basically your opinion regarding zimmerman's progress simply is not enough solid information to have a great number of owners willing to send $1,250 to him to join his legal TMC pursuits. as i stated before, HE should be the person to tout his own legal skills with as many facts about his handling of the TMC as he can, without "showing his hand." your approving information of his abilities is not enough to elicit owners to clamor to join in his suit. as so many owners have been burned by TMC, they might have the same fear about writing a check to someone about whom they truly have little or no knowledge. perhaps zimmerman can point to a number of his former victorious cases, which could prove to be somewhat convincing to rightfully skeptical owners. this information is essential and required in order to convince more owners to join him, and zimmerman HIMSELF should provide it, not depending on your dispensing trust in, and endorsement of, him, especially without any concrete facts. and i certainly understand your comment that "Nothing is free!!"

MR. ZIMMERMAN, PLEASE LET US HEAR FROM YOU AND YOUR CURRENT AND PAST LEGAL ACCOMPLISHMENTS.

jim, can you point to and offer concrete evidence that zimmerman is "doing a great job"? what facts do you have that, "I have confidence that something good will come of his due diligence". your faith is commendable, but without facts, it's difficult to imagine that many owners will echo your comments and apparent hopes.

jimm857 wrote:

The attorney Zimmerman is doing a great job with the case at hand. I have confidence that something good will come of his due diligence. Everyone should sign up with him so he can do the work necessary to move forward. To wait UNTIL he wins is a ridiculous idea. My opinion!

Please keep in mind - we do not want our lawyer to spend any time getting on redweek sifting through pages of comments and demands. That is a cost we do not need added to this case or adding to his distractions. If you have ever retained a lawyer you know even a few minutes of time to read an email is costly and you mostl likely saw that bill and tried to refrain from those types of actions. The various filings and letters of this legal team are positive and they are working tirelessly against every obstacle with a court date set once again. His clients should all have the information. Please give us the time to work with him on what we can share publicly. Thank you.

hello, i realize that "lawyers' time costs money"! taking no more than 10 minutes to offer convincing facts about his legal skill, background and positive former court decisions is not asking too much. i have seen you and others write all positive but vague comments about zimmerman. we're awaiting convincing, positive FACTS from HIM. that said, he could possibly see his TMC client base increase substantially. also, i have noted in this redweek forum that four or 5 people have responded to him multiple times, but have been frustrated by reason of his lack of communication with them. this doesn't seem to be conducive to adding to his TMC client numbers.

sueo79 wrote:

Please keep in mind - we do not want our lawyer to spend any time getting on redweek sifting through pages of comments and demands. That is a cost we do not need added to this case or adding to his distractions. If you have ever retained a lawyer you know even a few minutes of time to read an email is costly and you mostl likely saw that bill and tried to refrain from those types of actions. The various filings and letters of this legal team are positive and they are working tirelessly against every obstacle with a court date set once again. His clients should all have the information. Please give us the time to work with him on what we can share publicly. Thank you.

jim,

please cite a number of concrete pieces of evidence from your experience that zimmerman is "doing a great job with the case at hand." what are some of these evidential facts? what specifically gives you the confidence that you attribute to zimmerman? these are missing pieces that need to be supplied to give other TMC owner reasons to join his lawsuit. these answers should be forthcoming from zimmerman HIMSELF.

jimm857 wrote:

The attorney Zimmerman is doing a great job with the case at hand. I have confidence that something good will come of his due diligence. Everyone should sign up with him so he can do the work necessary to move forward. To wait UNTIL he wins is a ridiculous idea. My opinion!

hello johnd,

i agree, in part, with some of your comments. however, i want to join zimmerman's suit, but i strongly hesitate because i'm still not convinced by any concrete facts (which have not been forthcoming) that he's doing such a fine job with TMC'S case. all i see (correct me if i err) are glowing unfactual comments in his behalf. those supplying these comments seem to know more about zimmermans skills and plans to do so much legal good for us owners, but they have yet to share and disclose facts......simply accolades which as yet are unfounded. i want to see zimmerman's own factual comments directly related to HIS TMC CASE. so far, he hasn't come forth within this forum with this information.

as a point of information, the main issue i am seeking is a very substantial reduction in maintenance fees, and a proportionate dollar refund for all the years the maintenance fees have been, most likely, illegally inflated.

johnd2105 wrote:

Because it is a waste of money. Providing another $1,250 is throwing money away. If anyone thinks Zimmerman has a shot at getting money back just wait and see. If Zimmerman is successful than hire them after they get the first "WIN" as in get money back. If Zimmerman is successful and has money returned to owners than that is fantastic. Zimmerman will now have a great case study to go back and get money for all other owners.

Mr. Zimmerman has been working tirelessly on our behalf. I am posting a recent update below. It is obvious that a great deal of time and research has been done to move this case forward. Issues such as the ones we all have with the Manhattan Club are not resolved easily. They take time, money, patience and determination. WE are all in this together. Please consider participating in this action - there is power in numbers. Together, we can succeed.

UPDATE FROM ZIMMERMAN LAW GROUP:

Good Morning,

We are writing to provide you with an update regarding our efforts on your behalf vis-à-vis TMC. Going forward we will provide you with such updates on a regular basis.

We are presently engaged in ongoing actions in New York State Supreme Court to obtain TMC’s member list and inspect TMC’s books and records on behalf of particular TMC members. Not surprisingly, TMC is strenuously fighting our efforts. The information ultimately obtained from these efforts may likely be used in the federal court action (described in your retention agreement) that we are preparing and intend to file this summer.

These ongoing efforts in New York State Supreme court include the action we filed on behalf of Robert Tucker last August. At a hearing held last December, Judge Lebovits instructed the parties to try and work together to resolve their dispute. These efforts failed because of TMC’s unwillingness to cooperate, and resulted in our recent filing of the following papers (copies attached hereto) to seek an Order to Show Cause on which oral argument before the Court was just scheduled to be held on April 1, 2019:

1. Verified Complaint;

2. Memo of Law;

3. Affidavit of Robert Tucker;

4. Affidavit of Jean-Marc Zimmerman;

5. Exhibits 1-10 to Zimmerman Affidavit;

6. Order to Show Cause;

7. Request for Judicial Intervention;

8. Request for Judicial Intervention Addendum; and

9. Summons.

After the foregoing papers were filed, TMC filed a letter that sought to thwart our efforts to attain the relief we are requesting by attempting to have the case assigned to a different judge who is not familiar with Mr. Tucker’s case. In response, we submitted a letter identifying various inaccuracies and omissions in TMC’s submission, with the result being that the case is still before Judge Lebovits. Copies of TMC’s letter and our responsive letter are attached hereto.

Thanks, JM Zimmerman

Please note - I am unable to upload these documents - but am happy to forward them to anyone who would like to review them

mr zimmerman,

thank you for this encouraging update. this concrete news could, most likely, cause TMC owners reading your updated progress within the atmosphere of this redweek form, to strongly consider joining you as you continue this legal pursuit.

i expect that you will continue to provide appropriate updates on a regular basis.

i would appreciate your emailing me a copy of the following: "Copies of TMC’s letter and our responsive letter are attached hereto..." to cfox863@gmail.com. i assume that as of 3/2/19 the case is still " before Judge Lebovits." please advise.

thanks again, chris

margor14 wrote:

Mr. Zimmerman has been working tirelessly on our behalf. I am posting a recent update below. It is obvious that a great deal of time and research has been done to move this case forward. Issues such as the ones we all have with the Manhattan Club are not resolved easily. They take time, money, patience and determination. WE are all in this together. Please consider participating in this action - there is power in numbers. Together, we can succeed.

UPDATE FROM ZIMMERMAN LAW GROUP:

Good Morning,

We are writing to provide you with an update regarding our efforts on your behalf vis-à-vis TMC. Going forward we will provide you with such updates on a regular basis.

We are presently engaged in ongoing actions in New York State Supreme Court to obtain TMC’s member list and inspect TMC’s books and records on behalf of particular TMC members. Not surprisingly, TMC is strenuously fighting our efforts. The information ultimately obtained from these efforts may likely be used in the federal court action (described in your retention agreement) that we are preparing and intend to file this summer.

These ongoing efforts in New York State Supreme court include the action we filed on behalf of Robert Tucker last August. At a hearing held last December, Judge Lebovits instructed the parties to try and work together to resolve their dispute. These efforts failed because of TMC’s unwillingness to cooperate, and resulted in our recent filing of the following papers (copies attached hereto) to seek an Order to Show Cause on which oral argument before the Court was just scheduled to be held on April 1, 2019:

1. Verified Complaint;

2. Memo of Law;

3. Affidavit of Robert Tucker;

4. Affidavit of Jean-Marc Zimmerman;

5. Exhibits 1-10 to Zimmerman Affidavit;

6. Order to Show Cause;

7. Request for Judicial Intervention;

8. Request for Judicial Intervention Addendum; and

9. Summons.

After the foregoing papers were filed, TMC filed a letter that sought to thwart our efforts to attain the relief we are requesting by attempting to have the case assigned to a different judge who is not familiar with Mr. Tucker’s case. In response, we submitted a letter identifying various inaccuracies and omissions in TMC’s submission, with the result being that the case is still before Judge Lebovits. Copies of TMC’s letter and our responsive letter are attached hereto.

Thanks, JM Zimmerman

Please note - I am unable to upload these documents - but am happy to forward them to anyone who would like to review them

My wife and I own a timeshare in TMC and are interested in what you are doing. I was an attorney in my “real life” and would like to see the documents you referred to. Could you email to me at richardhyde@aol.com? Thank you!

I think we'd need a new cause of action for the lawsuit. You can't be tried twice for the same crime. I think that violation of the AOD by Lynn doing the buy-backs or deed-backs would qualify as the new cause of action and allow for opening criminal proceedings against Eichner et al.

Hi Elaine, can you send me a copy of the paperwork for the deed back? joysv0@ gmail.com thank you kindly.

hello,

the CRIME of fraud was admitted to by TMC/EICHNER. however, to the best of my non-legal knowledge, eichner wasn't "tried" on anything. the former nysag, eric schneiderman, simply and nonsensically accepted a "settlement" to end the case. that was IT. i do agree with the last part of your comment, again with very limited knowledge.

joyk42 wrote:

I think we'd need a new cause of action for the lawsuit. You can't be tried twice for the same crime. I think that violation of the AOD by Lynn doing the buy-backs or deed-backs would qualify as the new cause of action and allow for opening criminal proceedings against Eichner et al.