Town Sports International Holdings Inc. (CLUB)
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- Town Sports International Holdings, Inc. Q2 2008 Earnings Call Transcript [view article]
- Town Sports International: Gaining Strength [view article]
- Town Sports International: Overreaction and Opportunity [view article]
- Town Sports International Holdings, Inc. Q1 2008 Earnings Call Transcript [view article]
- Town Sports International: Follow-Up [view article]
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Town Sports International Holdings, Inc. Q2 2008 Earnings Call Transcript [view article]
An investment banker may pursue a suit he filed almost a decade after he claims a photograph of him playing touch football was first displayed in a New York Sports Club for advertising purposes without his permission.In Geary v. Town Sports International Holding, 104345/08, Manhattan Supreme Court Justice Marylin G. Diamond held that a new statute of limitations attached to an electronic version of the photograph of Robert F. Geary posted on the Web site of the club's parent company.
"Under the circumstances, the court is persuaded that the use of the plaintiff's photograph" on the Web site of Town Sports International, or TSI, "constituted a republication which triggered a new statute of limitations," Diamond wrote in denying a motion to dismiss.
Geary, a Manhattan financier, was playing in a park with friends years ago when he was videotaped. Images from the tape were made into photos and hung in several New York Sports Clubs beginning in 1999, according to the decision. Geary claims he was never a member of the clubs.
Several images of Geary exist, said his attorney, Dennis A. Bengels, of Garden City, N.Y. Geary first realized his picture was being used by TSI when he saw an image of himself playing touch football on a billboard advertising the sports clubs, Bengels said.
At some point, the image was uploaded to the TSI Web site, and Geary alleged the photo was accessible even after March 2007. He brought suit in March 2008.
Although Bengels acknowledged that Geary was photographed in a public area, he stressed that his client never gave consent for his image to be used as advertising. He called the photos "an embarrassment" to his client, saying they made Geary look "like he spends his time eating the dust."
The images were also posted in sports club facilities in Maryland, Washington, D.C., and Boston, Bengels said.
The suit seeks an injunction, $500,000 in compensatory damages and $2 million in punitive damages under New York Civil Rights Law §§50 and 51.
On its Web site, the publicly traded company bills itself as the largest health club chain in the Northeast, operating more than 135 facilities in New York, Boston, Philadelphia and Washington, D.C. More than 350,000 members work out at the clubs, according to the site.
Represented by Erik W. Kahn of Bryan Cave, TSI moved to dismiss the complaint as time-barred.
In New York, a one-year statute of limitations begins on the date the material is "first published or used" even if the material, "in the same form, be subsequently distributed and used," Diamond wrote, citing Firth v. State of New York, 98 NY2d 365.
The so-called "single publication" rule prevents claims that would seek to extend the statute of limitations each time the material is redistributed.
"The purpose of the rule is to avoid an endless tolling of the one-year statute of limitations, thus sparing the courts from the litigation of stale claims involving events from years earlier," Diamond wrote, citing Nussenzweig v. diCorcia, 9 NY 3d. However, she focused on the exception to the rule in her analysis -- republication.
Defined in Firth as a "separate aggregate publication from the original ... which is not merely a 'delayed circulation'" of the original material, the policy behind the exception targets material aimed at new audiences.
"Thus, where the material at issue is republished in a new format intended to reach a new audience, the statute of limitations will run anew from the date of the republication," the judge wrote.
Noting that Geary "effectively concedes" that his suit would be time-barred under the single publication rule with respect to the images posted in gyms, Diamond held that a different standard would apply regarding the online photos.
"Clearly, the defendant's website presents an entirely different format for the use of the photograph than its installation on the sports club premises," Diamond said.
Next, the judge turned to the difference between the audiences the ads sought to target.
The photo hung at the sports clubs was "intended primarily for the entertainment of the limited number of people who are already members and therefore on the premises."
Conversely, the judge wrote, the Web site is "presumably directed at a far wider audience primarily comprised of those who are not members and whom the defendant is seeking to attract as new members."
Under the circumstances, the court concluded that posting the photograph online extended the statute of limitations Reply
Town Sports International: Gaining Strength [view article]
An investment banker may pursue a suit he filed almost a decade after he claims a photograph of him playing touch football was first displayed in a New York Sports Club for advertising purposes without his permission.In Geary v. Town Sports International Holding, 104345/08, Manhattan Supreme Court Justice Marylin G. Diamond held that a new statute of limitations attached to an electronic version of the photograph of Robert F. Geary posted on the Web site of the club's parent company.
"Under the circumstances, the court is persuaded that the use of the plaintiff's photograph" on the Web site of Town Sports International, or TSI, "constituted a republication which triggered a new statute of limitations," Diamond wrote in denying a motion to dismiss.
Geary, a Manhattan financier, was playing in a park with friends years ago when he was videotaped. Images from the tape were made into photos and hung in several New York Sports Clubs beginning in 1999, according to the decision. Geary claims he was never a member of the clubs.
Several images of Geary exist, said his attorney, Dennis A. Bengels, of Garden City, N.Y. Geary first realized his picture was being used by TSI when he saw an image of himself playing touch football on a billboard advertising the sports clubs, Bengels said.
At some point, the image was uploaded to the TSI Web site, and Geary alleged the photo was accessible even after March 2007. He brought suit in March 2008.
Although Bengels acknowledged that Geary was photographed in a public area, he stressed that his client never gave consent for his image to be used as advertising. He called the photos "an embarrassment" to his client, saying they made Geary look "like he spends his time eating the dust."
The images were also posted in sports club facilities in Maryland, Washington, D.C., and Boston, Bengels said.
The suit seeks an injunction, $500,000 in compensatory damages and $2 million in punitive damages under New York Civil Rights Law §§50 and 51.
On its Web site, the publicly traded company bills itself as the largest health club chain in the Northeast, operating more than 135 facilities in New York, Boston, Philadelphia and Washington, D.C. More than 350,000 members work out at the clubs, according to the site.
Represented by Erik W. Kahn of Bryan Cave, TSI moved to dismiss the complaint as time-barred.
In New York, a one-year statute of limitations begins on the date the material is "first published or used" even if the material, "in the same form, be subsequently distributed and used," Diamond wrote, citing Firth v. State of New York, 98 NY2d 365.
The so-called "single publication" rule prevents claims that would seek to extend the statute of limitations each time the material is redistributed.
"The purpose of the rule is to avoid an endless tolling of the one-year statute of limitations, thus sparing the courts from the litigation of stale claims involving events from years earlier," Diamond wrote, citing Nussenzweig v. diCorcia, 9 NY 3d. However, she focused on the exception to the rule in her analysis -- republication.
Defined in Firth as a "separate aggregate publication from the original ... which is not merely a 'delayed circulation'" of the original material, the policy behind the exception targets material aimed at new audiences.
"Thus, where the material at issue is republished in a new format intended to reach a new audience, the statute of limitations will run anew from the date of the republication," the judge wrote.
Noting that Geary "effectively concedes" that his suit would be time-barred under the single publication rule with respect to the images posted in gyms, Diamond held that a different standard would apply regarding the online photos.
"Clearly, the defendant's website presents an entirely different format for the use of the photograph than its installation on the sports club premises," Diamond said.
Next, the judge turned to the difference between the audiences the ads sought to target.
The photo hung at the sports clubs was "intended primarily for the entertainment of the limited number of people who are already members and therefore on the premises."
Conversely, the judge wrote, the Web site is "presumably directed at a far wider audience primarily comprised of those who are not members and whom the defendant is seeking to attract as new members."
Under the circumstances, the court concluded that posting the photograph online extended the statute of limitations. Reply
Town Sports International: Gaining Strength [view article]
An investment banker may pursue a suit he filed almost a decade after he claims a photograph of him playing touch football was first displayed in a New York Sports Club for advertising purposes without his permission.In Geary v. Town Sports International Holding, 104345/08, Manhattan Supreme Court Justice Marylin G. Diamond held that a new statute of limitations attached to an electronic version of the photograph of Robert F. Geary posted on the Web site of the club's parent company.
"Under the circumstances, the court is persuaded that the use of the plaintiff's photograph" on the Web site of Town Sports International, or TSI, "constituted a republication which triggered a new statute of limitations," Diamond wrote in denying a motion to dismiss.
Geary, a Manhattan financier, was playing in a park with friends years ago when he was videotaped. Images from the tape were made into photos and hung in several New York Sports Clubs beginning in 1999, according to the decision. Geary claims he was never a member of the clubs.
Several images of Geary exist, said his attorney, Dennis A. Bengels, of Garden City, N.Y. Geary first realized his picture was being used by TSI when he saw an image of himself playing touch football on a billboard advertising the sports clubs, Bengels said.
At some point, the image was uploaded to the TSI Web site, and Geary alleged the photo was accessible even after March 2007. He brought suit in March 2008.
Although Bengels acknowledged that Geary was photographed in a public area, he stressed that his client never gave consent for his image to be used as advertising. He called the photos "an embarrassment" to his client, saying they made Geary look "like he spends his time eating the dust."
The images were also posted in sports club facilities in Maryland, Washington, D.C., and Boston, Bengels said.
The suit seeks an injunction, $500,000 in compensatory damages and $2 million in punitive damages under New York Civil Rights Law §§50 and 51.
On its Web site, the publicly traded company bills itself as the largest health club chain in the Northeast, operating more than 135 facilities in New York, Boston, Philadelphia and Washington, D.C. More than 350,000 members work out at the clubs, according to the site.
Represented by Erik W. Kahn of Bryan Cave, TSI moved to dismiss the complaint as time-barred.
In New York, a one-year statute of limitations begins on the date the material is "first published or used" even if the material, "in the same form, be subsequently distributed and used," Diamond wrote, citing Firth v. State of New York, 98 NY2d 365.
The so-called "single publication" rule prevents claims that would seek to extend the statute of limitations each time the material is redistributed.
"The purpose of the rule is to avoid an endless tolling of the one-year statute of limitations, thus sparing the courts from the litigation of stale claims involving events from years earlier," Diamond wrote, citing Nussenzweig v. diCorcia, 9 NY 3d. However, she focused on the exception to the rule in her analysis -- republication.
Defined in Firth as a "separate aggregate publication from the original ... which is not merely a 'delayed circulation'" of the original material, the policy behind the exception targets material aimed at new audiences.
"Thus, where the material at issue is republished in a new format intended to reach a new audience, the statute of limitations will run anew from the date of the republication," the judge wrote.
Noting that Geary "effectively concedes" that his suit would be time-barred under the single publication rule with respect to the images posted in gyms, Diamond held that a different standard would apply regarding the online photos.
"Clearly, the defendant's website presents an entirely different format for the use of the photograph than its installation on the sports club premises," Diamond said.
Next, the judge turned to the difference between the audiences the ads sought to target.
The photo hung at the sports clubs was "intended primarily for the entertainment of the limited number of people who are already members and therefore on the premises."
Conversely, the judge wrote, the Web site is "presumably directed at a far wider audience primarily comprised of those who are not members and whom the defendant is seeking to attract as new members."
Under the circumstances, the court concluded that posting the photograph online extended the statute of limitations. Reply
last!!!
Town Sports International: Gaining Strength [view article]
does anybody know hwat clubs they are closing in New Jersey ReplyTown Sports International: Gaining Strength [view article]
tsi just lost a small claims lawsuit sucks for them ReplyTown Sports International: Gaining Strength [view article]
This is a horrible company! Bottom Line. Their stock is doing bad because the company is not hitting thier numbers. Just because the stock is low, does not make it a good time to buy lots of stock. Good luck to those who think its a good time to buy in. Cheap is not always good, as with most cheap products...you get what you pay for. This is not a new company. They have been around for a while, they have just gone public as of recent. They did not open at $6 a share. You have been warned!!! ReplyTown Sports International: Overreaction and Opportunity [view article]
agree-this stock is worthless. ReplyTown Sports International: Gaining Strength [view article]
better watch out nysc is going to buy more of its stock every month till 2009 to make it like soembody actualyl believes in this company when its relaly just the company buying itself to drive up the price Reply2256297
General Discussion on CLUB
I can tell you from a personal and professional experience why the stock is suffering. They are tenants in a luxury building my firm built in Harlem. I won't consider TSI again as a tenant. However, what's finally led me to decide to cancel my membership is the way they treated me personally. In late April I notified the staff at the Grand Central club in person that beginning May 1 I needed to freeze my account until further notice. While reviewing my bank accounts on line on June 1, I noticed that TSI had withdrawn the monthly fee without my authorization, leaving the account $103 short. After several frustrating conversations with staff at their call center, I spoke with the regional director Debbie Newell Antione (sp). She assured me that within 72 hours my fee would be restored. She asked for my credit card information because, according to her, TSI would refund the fee to my card rather than my bank account. That was two weeks ago. Not only has she not refunded the funds, a check bounced a few days ago because the account was short. Despite several attempts to reach her she has not had the professional courtesy or business acumen as our tenant, to return my calls. That is apallingly poor customer service. I am cancelling my membership, never considering them as a tenant ( we have three additional buildings in the pipeline), and reporting TSI to the BBB, NYC Department of Consumer Affairs and the media. It is shoddy organization. Signed Member #2256297 ReplyTown Sports International Holdings, Inc. Q1 2008 Earnings Call Transcript [view article]
all i know is there stock went down as usual so i dont care about how much garbage they spit out, there stock going down and there being sued by mutliple people blah blah blah is what they say ReplyTown Sports International: Overreaction and Opportunity [view article]
the stock is worthless the overreaction is the investors in tsi who thinks its a great stock cause it went up 3 dollars in 2 weeks and guess what now it's down again to 8.37 and looks to be back at 6.10 by july so it's accurate that tsi isn't a good stock although the investors of tsi became excited cause the stock went up for 2 weeks then starting goind down all over agan ReplyTown Sports International: Gaining Strength [view article]
4 in total for the year 3 of them are in NJ,, ones they Accuired ( now Closing) funny how they Care for there members Replylast!!!
Town Sports International: Gaining Strength [view article]
isnt it funny how they just closed 3 clubs located outside the city. and they will be closing one more in mid august?? get out while you still can dont buy stock,membership or anything else from TSI cause that and two pennies still gets you no where ReplyTown Sports International: Gaining Strength [view article]
Whoo!! $9.00 buy buy buy at your own risk,, First off I like to say if you have never worked for TSI, your In for a ride of your life and money that if you get paid!!!It's kinda strange that you lose your CEO, COO, CFO all with in a few months. Now there are Changes or terminations to VP's. HMM makes you wonder how stable this comapny is,,
Now i see they bring an outsiders in from Starbucks and other corp. Tell me how a STARBUCKS person is going to run a GYM (STARBUCKS).
Most of there decision making are NY based. The Clubs that are out of the city are not doing well (some are if they are New). Not looking at who they market too and competition is hurting every one, especially the people who has to work them. There are Cheaper Gyms out there that offer the same if not better,, in NYC I know a few that are cheaper and offer more.
They need to take care of their employees first thats what makes the clubs. There is a HUGE turnover rate this makes it very unstable. The use of Fear is always present in all Clubs coming from VP's to DM's right down the line to the members. Nothing is positive in this company not one thing, unless you Invest Now!!
There Corporate profile reads
OUR GOAL is to be the MOST Recognized health club network in each of the four major metropolitan regions we serve. We believe that our strategy of clustering clubs provides significant benefits to our members and allows us to achieve strategic operating advantages. In each of our markets, We have developed clusters by initially opening or Acquiring clubs located in the more central urban markets of the region and then branching out from these urban centers to suburbs and neighboring communities.
NOT alot about caring about there members its all about THEM.
Tell me how INITIALLY opening ( Chance of Closing) or ACQUIRING Clubs ( Chance of closing also) going to help the members
With out the Members there is NO CLUB .
Out Price your MEMBERS there is NO CLUB
When you Dont Care about the Memebers there is No CLUB
The Upper Mangement Needs to CARE abou the Memebers with out them there is NO CLUB
Reply
Town Sports International: Overreaction and Opportunity [view article]
Well said.Would add that GAAP EPS understates the true economics of the business because GAAP depreciation overstates ongoing maintenance capital requirements. The company is ABSURDLY cheap on the basis of owners earnings -- i.e. CFO less maintenance cap exp. Reply