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http://seekingalpha.com/article/67683-town-sports-international-gaining-strength

• 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 Sep 05 11:36 PM

• 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. Sep 04 11:14 PM

• 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. Sep 04 11:14 PM

• Town Sports International: Gaining Strength [view article]

  tsi just lost a small claims lawsuit sucks for them Jul 04 03:03 AM

• Town 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 Jun 23 12:56 AM

• Town 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 Jun 04 01:14 AM

• Town 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 May 25 03:12 PM

• Town Sports International: Follow-Up [view article]

  stock is down to 6.15 today 6 more cents lower and it sets a new record again, bbb also says on its website it doesnt recommend nysc, i suspect that since half of the top earning workers in nysc moved down to a position that requires less status they know there company is headed in the wrong direction, they've changed what 2 ceos in the past 2 years among other higher ups Apr 23 01:20 AM

• Town Sports International: Gaining Strength [view article]

  looks like ur suffering of stupidity if u havent noticed nysc stock hit an all time low last week u genius what does adding more locations have to do with a succesfful company anybody can keep increasing there debt by borrowing more money form the bank for things they cant afford. crunch gym member is 79 -84 a month, nysc is 79-92, nysc, nysc its 89 for all crunch gym locations, its 90 for all nysc locations charges 430 for 5 personal training lessons, crunch gym charges 400 for 5 lessons for a level 2 trainer, at nysc they charge 30 more for 5 lessons for a level 1 or 2 trainer, nysc initation fee is 50 plus 20 processing fee, so its actually 70 with the processing fee, crunch gym is 30 for the whole initation fee iwth no processing fee here is an article to back it up
  
  www.nypost.com/seven/0... Apr 22 12:20 AM

• Town Sports International: Gaining Strength [view article]

  THERE GONNA GO BANKRUPT JUST LIKE BALLYS PROBABLY SOMETIME IN 2009 AND STILL REMAIN OPEN AFTER BUT BE BANKRUPT Apr 07 04:33 PM

• Town Sports International: Gaining Strength [view article]

  tsi is getting sued in a class action suit, i woudlnt invest in somebody like that unless there net was at least 1/10 of there revenue which it isn't Apr 04 06:10 PM

• Town Sports International: Gaining Strength [view article]

  the poele that run nysc dont care about anybod there as long as they get there money there a bunch of thieves they have a new sale every week most of the sales ur either paying the same or more moeny cause they add in a different fee to balance it out and then they think there doing u a favor by saying we'll freeze ur membership while ur not attending for 15, how is that a favor when i dont take boxing class i dont pay my instructor 15 dollars every month that i dont take lessons from him, the best is there 50 dollar cancelation fee, with that they iwll tell u u have to pay 50 to cancel and not mentiont hat in the contract if u cancel a month before ud otn have to pay anything, cuase they wanna suck more moeny out of u, also there monthly memberships that u cant actually cancel within the 1styear although ur paying monthly and more than the yearly membership Mar 18 11:34 PM

• Town Sports International: Gaining Strength [view article]

  nysc makes 13 million net a year and owes 445 million in debt so unless somehow they triple there net income there going bankrupt by 2010 Mar 15 01:14 PM

• Town Sports International: Gaining Strength [view article]

  Class Action & Impact Litigation
  "New York's Outten & Golden is famed in the market for its successful advice on class actions.
  
  We are investigating a number of potential employment discrimination class actions and class-based wage and hour claims. Please contact Adam T. Klein for further information.
  
  New York Sports Club Class Action
  On February 24, 2005, O&G filed a New York Supreme Court class action lawsuit against Town Sports International, Inc., the owner of the New York Sports Club, Boston Sports Club, Philadelphia Sports Club, and Washington Sports Club health and fitness clubs alleging that New York Sports Club has failed to pay its New York-based personal trainers and assistant fitness managers for all of the time that they worked and failed to pay them overtime compensation to which they are entitled under the New York Labor Law.
  
  The personal trainers claim that New York Sports Club failed to pay them for much of the time, including overtime, that they worked for the benefit of New York Sports Club but were not actually training customers. The assistant fitness managers claim that New York Sports Club wrongly classified them as "exempt" employees and unlawfully failed to pay them overtime compensation that they earned. The case seeks recovery of unpaid wages and overtime premium pay for all personal trainers and assistant training managers in New York State.
  
  O&G is currently investigating claims that other Town Sports International, Inc. brands, including Boston Sports Club, Philadelphia Sports Club, and Washington Sports Club have engaged in similar practices and have denied their personal trainers, assistant fitness managers, and other health club employees proper wages and overtime compensation. O&G is also investigating claims that other health and fitness clubs, including Equinox, have failed to pay their personal trainers earned wages, including overtime compensation.
  
  Please contact Justin M. Swartz for further information.
  
  nysc hourly fee for training has risen from 5 packs of 219 for 1 hr sessions in 2005 to 5 packs now costing 369 in 2008, accounting for the increase in revenue from training. Price for the club has risen from monthly membership fees of 69.00 in 2001 to 80.00 in 2008 Mar 13 05:57 PM

• Town Sports International: Gaining Strength [view article]

  I'm a member of nysc and this article had to of been written by an employee of nysc cause 1st off crunch gym is 70 a month while nysc average cost is 80 a month. Nysc stock has went down from 24.00 to 7.40 in 11 months and this shows there not doing well. The club also has a class action suit against them by employees, is being investigated by attorney general, and has a new lawsuit pending. The gym puts lots of useless cardio machines around that try to pretend there something fancy, attempting to decieve customers. The things that worked best is what worked fine in 1975. THe gym also raises the price of membership every year, thats the only reason there sales are going up. There charging the members more and opening more locations. So obviously there oging to make more money with more locations, although overall most members dislike the club. There is high turnover, the managers are all pricks and I believe there ads are deceptive. They constantly put ads of sales when actually when they have sales, at certain points there charging more with the sales. The thing is they will tell u its 20 to join when they have that fee u actually have to pay some other extra fees so it either comes to the same amt or more money. Mar 12 02:26 AM

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