LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 20-23393-CIV-ALTONAGA/TORRES

ALEXANDER FRAYMAN,

Plaintiff,

v.

DOUGLAS ELLIMAN REALTY, LLC;

DOUGLAS ELLIMAN FLORIDA LLC; 

DARIN TANSEY; RAPHAEL AVIGDOR; 

GREGORY MIRMELLI; and MIAMI LUXURY 

CONCIERGE LLC,

Defendants.

____________________________________/

AMENDED COMPLAINT

Plaintiff Alexander Frayman sues Defendants Douglas Elliman Realty, LLC; Douglas 

Elliman Florida LLC; Darin Tansey; Raphael Avigdor; Gregory Mirmelli; and Miami Luxury 

Concierge LLC, and alleges as follows.

INTRODUCTION

1. In the midst of the COVID-19 pandemic, Plaintiff Alexander Frayman, a foreigner 

from Cyprus visiting family in the United States, was forced to stay longer in the United States 

than planned due to the risks associated with international travel and quarantine requirements 

associated with a return to Cyprus. Frayman sought the assistance of a high-end real-estate 

brokerage to find a luxury villa in South Florida for him and his family to be together in a safe 

environment. Douglas Elliman brokers marketed to Frayman—for $65,000 a month with a $10,000 

security deposit via check and $300 cleaning fee upon end of rental term—what was represented 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

to be a first-class villa held to the highest standards and owned by a personal friend of one of the 

brokers. But when Frayman and his family arrived, they found themselves at a filthy house that 

had yet to be cleaned from the night before—and which due to the pandemic presented heightened 

health concerns. After insisting on either a full refund or a discount to the agreed price, the owner’s 

representative and sister said that the money would be returned. Relying on this statement and 

Tansey’s assurances that he would get a full refund, Frayman left the property and found other 

accommodations. Months later, Frayman has yet to see a return of any portion of the $65,000 he 

wired to Miami Luxury Concierge LLC and the brokers have now taken the position that they are 

“not responsible” for the return of Frayman’s money. After consulting with counsel and 

conducting research, Frayman has since learned that the property owner, Gregory Mirmelli, had 

previously been sued for failing to refund moneys after a guest similarly discovered a filthy house 

unlike what was represented, and that the rental itself was illegal and Mirmelli had already been 

fined tens of thousands of dollars for engaging in illegal short-term rentals of the same property. 

In this action, Frayman sues the brokers and the property owner for violations of broker duties 

under section 475.278, Florida statutes, violations of the Florida Deceptive and Unfair Trade 

Practices Act, fraudulent inducement, fraud, professional malpractice, negligent 

misrepresentation, unjust enrichment, breach of contract, breach of rental agreement, promissory 

estoppel, conversion, rescission, and money had and received. 

PARTIES, JURISDICTION, AND VENUE

2. Plaintiff Alexander Frayman is a citizen of Cyprus and Russia. 

3. Defendant Douglas Elliman Realty, LLC (“DE Realty”) is a New York limited 

liability company with its principal place of business in New York, New York. The members of

DE Realty are DER Holdings LLC and DER Holdings II LLC. The sole member of both DER 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

Holdings LLC and DER Holdings II LLC is New Valley LLC. The sole member of New Valley 

LLC is Vector Group Ltd. Vector Group Ltd. is a Delaware Corporation with its principal place 

of business in Miami, Florida. Accordingly, DE Realty is a citizen of Florida and Delaware. 

4. Defendant Douglas Elliman Florida LLC (“DE Florida”) is a Florida limited 

liability company with its principal place of business in Miami Beach, Florida. The sole member 

of DE Florida is DE Realty. Accordingly, DE Florida is a citizen of Florida and Delaware.

5. Defendant Darin Tansey is a citizen and resident of Florida and a resident of MiamiDade County, Florida.

6. Defendant Raphael Avigdor is a citizen of New York.

7. Defendant Gregory Mirmelli is a citizen of Florida and a resident of Miami-Dade 

County, Florida. 

8. Defendant Miami Luxury Concierge LLC (“Miami Luxury”) is a Florida limited 

liability company with its principal place of business in Miami Beach, Florida. Miremlli is Miami 

Luxury’s sole member. Accordingly, Miami Luxury is a citizen of Florida. 

9. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 

1332(a)(2) because this is an action between a citizen of a foreign state and citizens of a State 

where the mater in controversy exceeds $75,000, exclusive of interest and costs. 

10. This Court has general personal jurisdiction over Tansey and Mirmelli because their 

domicile is in Florida.

11. This Court has general personal jurisdiction over DE Florida and Miami Luxury 

because Florida is their state of formation and where their principal places of business are located.

12. This Court has specific personal jurisdiction over Avigdor because the causes of 

action alleged herein arise from Avigdor operating, conducting, engaging in, or carrying on a 

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255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

business or business venture in this state or having an office or agency in this state; committing a 

tortious act within this state; breaching a contract in this state by failing to perform acts required 

by the contract to be performed in this state; and engaging in substantial and not isolated activity 

within this state. Furthermore, Frayman’s claims arise out of or relate to Avigdor’s contacts with 

this state, Avigdor purposefully availed himself of the privilege of conducting activities within this 

state, thus invoking the benefit of this state’s laws, and the exercise of personal jurisdiction 

comports with traditional notions of fair play and substantial justice.

13. This Court has specific personal jurisdiction over DE Realty because the causes of 

action alleged herein arise from DE Realty (itself or through its agents) operating, conducting, 

engaging in, or carrying on a business or business venture in this state or having an office or agency 

in this state; committing a tortious act within this state; breaching a contract in this state by failing 

to perform acts required by the contract to be performed in this state; and engaging in substantial 

and not isolated activity within this state. Furthermore, Frayman’s claims arise out of or relate to 

DE Realty’s contacts with this state, DE Realty purposefully availed itself of the privilege of 

conducting activities within this state, thus invoking the benefit of this state’s laws, and the 

exercise of personal jurisdiction comports with traditional notions of fair play and substantial 

justice. 

14. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2) and (3) because a 

substantial part of the events or omissions giving rise to the claims asserted in this action occurred 

in this district and because all the defendants are subject to the Court’s personal jurisdiction with 

respect to this action. 

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

15. In the midst of the COVID-19 pandemic, Frayman found himself in Philadelphia 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

visiting his 21-year-old son and 18-year-old daughter, who are both studying at universities in the 

United States. 

16. At this time, Frayman was unable to return to his home in Cyprus as Europe was 

largely closed for travel. 

17. In addition, due to heightened health risks associated with international travel and 

also a mandatory quarantine upon return to Cyprus, Frayman was concerned for the well-being of 

his other daughter, who is 12 years old and who was to return with him to Cyprus. 

18. After being in hotels from March 7 to March 17 in Princeton (where his daughter 

studies) and from March 17 to May 29 in Philadelphia (where his son studies), Frayman sought 

accommodations for himself and his family in Florida to be together with all of his children in a 

safe, clean, and secure environment and to enjoy time with his family while being largely isolated 

from third parties during the COVID-19 pandemic. 

19. It was important to Frayman to have access to fresh air and sea, and to be away 

from a city hotel such as the one in which Frayman was staying.

20. Frayman also had to attend to certain personal matters in Miami, but he would not 

have traveled to Miami at this time regardless of these personal matters unless he had found 

adequate accommodations via the Defendants.

21. Seeking to make the best of an unfortunate situation and keeping in mind his 

priorities outlined above, Frayman desired to rent an isolated, large, high-quality villa in Miami, 

Florida for himself and his family. 

22. Being from a foreign country, lacking specific knowledge of the rental market in 

the Miami, Florida area, and having a short window of time to find accommodations, Frayman 

sought to work with an experienced and knowledgeable broker who could help him find a property 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

that met his specifications. 

23. Frayman was introduced to DE Realty by his wife who had a contact in the real 

estate broker’s Southampton office. The contact introduced Frayman’s wife and subsequently 

Frayman to Avigdor, who is a licensed associate real estate broker (including in Florida) at DE 

Realty. 

24. DE Realty is the largest residential real estate brokerage firm in the New York 

metropolitan area and the fourth largest in the United States. DE Realty conducts residential real 

estate brokerage operations in South Florida through DE Florida. DE Realty and DE Florida 

generate revenue in the form of commissions and service fees.

25. On the Douglas Elliman website, DE Realty and DE Florida feature luxury property 

listings for rent in South Florida. In connection with rentals, they boast that their “agents are 

relentless advocates for our clients” and that their “team is the top in the industry—they have 

access to the best and most reliable information and education, allowing them to expertly advise 

at every stage.”

26. On the Douglas Elliman website, Avigdor describes himself as being “[l]oyal and 

correct in all dealings.” “His mission: To use my knowledge and experience to provide superior 

service while holding myself to the highest ethical standard.” 

27. Avigdor also advises that “[i]t is integral to pick a truly professional broker to 

represent your interests and [he] has the track record to prove his efforts.” 

28. Avigdor boasts a “knowledge of the market” that extends to Florida, noting his 

“license with Douglas Elliman’s Lincoln Rd office and [his] team in place to handle all your South 

Florida Real Estate needs.” Avigdor states that he is “sophisticated enough to handle any multimillion dollar property or interest” and is “capable of handling all your real estate needs from 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

Southampton to South Beach.” 

29. On May 19, 2020, Frayman contacted Avigdor to assist him in finding a rental that 

met his specifications in Miami. Frayman told Avigdor that he required a house with four to five

bedrooms, significant garden territory of 30,000 to 50,000 square feet, a large swimming pool 

(with reference to a particular size), a gym, and a tennis court. He further told Avigdor that all inhouse equipment should be “new, ready to use” and that a cleaning service was “highly desirable.” 

Frayman advised that he could go as high as $30,000 to $40,000 for the rental, but he “expect[ed] 

value for this type of money.” 

30. Avigdor, noting that he is licensed in Miami, agreed to assist Frayman. On May 20, 

2020, Avigdor recommended Tansey, a member of his team, to Frayman as having local expertise 

and as someone able to find a property meeting Frayman’s specifications. Avigdor advised that he 

conveyed Frayman’s specifications to Tansey and Tansey was copied on several emails setting out 

Frayman’s specifications.

31. Tansey is one of DE Florida’s realtor associates. On the Douglas Elliman website, 

Tansey is described as “focus[ing] on an exclusive inventory of luxury waterfront properties 

throughout South Florida with a keen focus in Miami Beach and its immediate surrounding areas.” 

Tansey further touts his “curated Rolodex of high net worth clientele” and his excellence at 

“having the client experience some of the most desirable real estate available, all the while 

successful to match the perfect property to their needs.”

32. In his email to Frayman introducing and copying Tansey, Avigdor represented: 

“Darin Tansey is one of the top and premier agents at Douglas Elliman’s Miami office. If there is 

anyone to find this gem, it is him. . . . While I know the parameters established by Alexander will 

be a tough find, I am confident that Darin will find something to fill the ticket.” 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

33. Tansey then replied: “I have lived in Miami Beach now for fifteen years now and 

have a strong sense of the market as well as nuisances [sic].”

34. Tansey and Avigdor knew that Frayman was a foreigner and was relying on their 

stated expertise in the South Florida luxury-rental market. In multiple emails and text messages, 

Frayman made it clear to Tansey that both the cleanliness of the property and the legality of the 

rental were important to him. 

35. Frayman also told Tansey that he was traveling with his 12-year-old daughter, 21-

year-old son, and son’s 21-year-old friend. 

36. Tansey knew that Frayman’s budget for a one-month rental was $40,000. But 

Tansey, who is compensated on a percentage commission basis, immediately sent Frayman links 

to properties that were well above this stated budget and not in line with his specifications. In a 

May 20 email Frayman wrote: “I looked through it and it is by far too massive! Please kindly stay 

within the figures I supplied to you in the original email.” Tansey did send one property on 

Venetian Island for $30,000 per month (the “Venetian Property”). 

37. After noting that the proposed properties were not consistent with his specifications 

or pricing, Frayman began using other search engines and had discussions with other brokers 

regarding other options. Acquaintances of Frayman and his son visited another property in the 

same area as the Venetian Property and were appalled at the quality. After not finding acceptable 

options, Frayman went back to Tansey. 

38. Seeking to convince Frayman that Tansey’s properties were fit for his purposes and 

of the highest quality, Tansey noted that Frayman was not looking at “A+ properties” such as the 

ones that he was showing Frayman. Although Tansey recommended the Venetian Property, when 

Frayman asked Tansey if it would be of a same low quality as the one visited by his acquaintances, 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

Tansey replied “yes” and insisted that he should only look at “A+ properties.”

39. One of the two original properties that Tansey presented to Frayman for a onemonth rental was a luxury waterfront villa on Sunset Island located at 2120 Bay Avenue, Miami 

Beach, Florida 33140 (the “Property”). The Property is 6,400 square feet and sits on a 28,500 

square-foot lot. It was listed for $85,000 per month plus a $20,000 security deposit and $500 

cleaning fee. Although Frayman at first rejected it as being too expensive, Tansey continued to 

propose the Property after Frayman’s rejection of the Venetian Property.

40. As part of his presentation and to show off the supposed high-end quality of the 

Property, Tansey emailed and texted Frayman photographs and a video showcasing the Property. 

41. These photographs and video were highly-polished marketing materials showing a 

well-landscaped exterior. 

42. This turned out to not reflect the current condition, which was neglected with 

serious need for landscaping and other basic maintenance. 

43. Tansey described the Property as having a “charming exterior,” which turned out 

to be far from the truth.

44. Additionally, to induce Frayman to rent the Property rather than a different property 

within Frayman’s stated budget, Tansey ensured Frayman that “[t]he owner Greg and his sister 

Sara [are] friends of mine” and that the owner maintained the Property at extremely high standards. 

45. Tansey omitted that the owner and his purported friend, Mirmelli, had recently been 

sued for a refund by a prior guest because the Property was not as depicted in promotional materials 

and was “unclean, in disarray and unfit for her family.” See Aurora de Rangel de Alba v. VR 

Holding Groups, LLC, et al., 2019-016548-CA-01 (Fla. 11th Cir. Ct.). Tansey further omitted that 

since the dispute with that prior guest, Mirmelli was now renting the Property through a new shell 

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company on the rental agreement.

46. Frayman told Tansey on several occasions that it was critical to him that the rental 

be cleaned and disinfected due to the COVID-19 pandemic. Frayman relied on Tansey’s alleged 

expertise to ensure that his rental would be fully compliant with all legal requirements both related 

to the COVID-19 pandemic and otherwise. 

47. Frayman initially suggested arriving at the Property on the evening of May 28, but 

Tansey said that would not work. Frayman then told Tansey he would take a charter flight the 

morning of May 29. Frayman made clear that “the place should be ready to have us” and that “we 

will come between 11-13:00 on the 29th.” 

48. Tansey relayed this information by text message to “Andrea,” who Tansey 

identified as a property manager in their text-message correspondence. Tansey also noted that 

“Sara” (Mirmelli’s sister) would handle the check-in. 

49. In their text-message correspondence, Tansey stated: “Good evening Andrea and 

trusting all is well. Copied is Mr. Alexander Frayman who is a very special VIP guest and client 

staying at 2120 starting tomorrow 11:00am thru the end of June. . . . Sara will be conducting the 

check-in . . . . While there may be a slight crossover on checkout and maid service, please ensure 

Mr. Frayman receives of the utmost of care.” Andrea replied, “Good evening Darin and Mr 

Frayman, Tomorrow I will meet Sarah at the property, and we will do everything to make the stay 

the best experience.”

50. The City of Miami-Beach prohibits short-term rentals (i.e., rentals of six months or 

less) of single-family homes as well as the advertising of such rentals. Tansey did not reveal that 

his promotion of the Property and the rental itself was illegal under the City of Miami Beach Code 

of Ordinances. 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

51. Frayman repeatedly alerted Tansey to his concern regarding legality and possible 

rental prohibitions. For example, he raised the issue in a May 23 email related to the Venetian 

Property. Frayman clearly made Tansey aware of his concerns regarding legality, and Tansey 

should have conducted the required due diligence regarding the legality of the rental of the 

Property. 

52. Around this time, Tansey orally advised Frayman that the use of a “guest 

agreement” would alleviate any legality issues.

53. Furthermore, Tansey led Frayman to believe that he was marketing properties that 

were not subject to short-term rental bans. For example, in response to a question about the 

Venetian Property, Tansey assured Frayman in a May 25, 2020 email that the property was located 

in a part of the Venetian Islands where short-term rentals were not prohibited by any rules or 

regulations. 

54. Tansey did not reveal that the owner of the Property, Tansey’s personal friend 

Mirmelli, had been fined for renting the Property on a short-term basis and was engaged in various 

legal battles with the City of Miami Beach. 

55. Tansey did not reveal that the owner of the Property, Mirmelli, had recently been 

sued for a refund by a prior guest because the Property was not as depicted in promotional materials 

and was “unclean, in disarray and unfit for her family.”

56. After a round of negotiation, through an email to Frayman, Tansey confirmed that 

the owner of the Property agreed to a rental term of May 29, 2020 through June 30, 2020 at a rental 

price of $65,000 plus a $10,000 security deposit and a $300 exit cleaning fee. 

57. Relying on Tansey’s representations regarding the Property and its owner, Frayman 

agreed to exceed his stated budget and rent the Property for $65,000 (plus the $10,000 security 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

deposit and $300 exit cleaning fee).

58. On May 27, 2020, Tansey sent Frayman a proposed Guest Agreement with Miami 

Luxury. The Guest Agreement listed Frayman as the “Guest” and Miami Luxury as the “Host.” 

59. Even though Miami Luxury is listed as the Host, Miami Luxury in fact has no 

ownership interest in the Property. Mirmelli himself owns the Property. The Guest Agreement did 

not state that Mirmelli actually owned the Property, nor did it reference Mirmelli at all.

60. Miami Luxury is in fact an alter ego or mere instrumentality of Mirmelli because 

Mirmelli dominates and controls Miami Luxury to such an extent that its independent existence is 

in fact nonexistent and Mirmelli formed and uses Miami Luxury as a shell to defraud or evade 

creditors. 

61. Miami Luxury has little to no assets, and Mirmelli used it as the “Host” to conceal 

his ownership of the Property and obligations for the rental. 

62. In his email of May 27 attaching the Guest Agreement, Tansey said: “Please see 

the attached ‘Guest Agreement’ as well as invoice; both simple and straight forward as you had 

requested . . . Once all is signed and wires sent, I will introduce you to the property manager 

Andrea.” 

63. Relying on Tansey’s representations, Frayman executed the Guest Agreement and 

emailed the signed agreement to Tansey. 

64. Tansey replied with an attachment of a scanned copy of the Guest Agreement 

countersigned by an unidentified person (likely Mirmelli) on behalf of Miami Luxury. 

65. A copy of the executed Guest Agreement is attached as Exhibit A. 

66. In all capitalized letters, the Guest Agreement states: “NO PARTIES ALLOWED.” 

67. The Guest Agreement states that check-in time is 1:00 p.m. “unless the Guest has 

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LEÓN COSGROVE, LLP

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made other arrangements with Host.” 

68. As noted supra, Frayman asked to check in earlier and Tansey later confirmed in 

writing that Frayman and his family could check in at 11:00 a.m. At no time did Tansey say that 

Frayman could not arrive at 11:00 a.m.

69. On May 27, 2020, shortly after executing the Guest Agreement— and relying on 

Tansey and Avigdor’s representations regarding their expertise, the Property, and its owner—

Frayman wired $65,000 to Miami Luxury and arranged for a chartered flight for $26,200 for him, 

his daughter, his son, and his son’s friend to fly from Philadelphia to Miami for their stay at the 

Property.

70. Also on May 27, 2020, Avigdor confirmed in an email to Tansey and Frayman that 

the renting of the Property was a collective effort of the various Douglass Elliman offices, noting 

that it was a “great and successful effort.”

71. The night before Frayman’s arrival, Tansey sent Frayman and the manager of the 

Property a text message confirming that Frayman would be staying at the Property “starting 

tomorrow 11:00am thru the end of June.” Knowing of Frayman’s specifications regarding 

cleanliness, Tansey also reminded the manager that “Mr. Frayman will be in need of your 

housekeeping staff.” 

72. On May 28, 2020, Tansey informed Frayman by phone that a tenant decided to stay 

an additional night at the Property. After the call, Frayman texted Tansey saying, “I think there is 

zero chance that something can be cleaned properly before we arrive even if we arrive at 12:00! 

Consider that I specifically asked when to arrive.” 

73. On May 29, 2020, at 11:25 a.m., Frayman and his family arrived at the Property. 

74. Expecting a five-star, “A+” villa, Frayman and his family found the Property to be 

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completely different than what Tansey described and presented in the photographs and video. 

75. Upon walking around the outside of the Property with his family, Frayman 

discovered that there were several high-end cars in the parking lot evidencing that the prior tenants

had not left. Frayman also saw a tenant with a large bag and child walking around the Property

and going back inside the house at one point, confirming that the Property had yet to be vacated 

for cleaning.

76. The Property did not at all meet the high standards expected of a luxury rental. The 

Property had not been cleaned from the night before and it appeared that a party had recently taken 

place (e.g., half-drank liquor bottles and mixers sitting on an outside bar from the night before,

partially filled trash bags on the ground, and a Starbucks cup filled with garbage). 

77. And unlike the photographs and video sent by Tansey, the swimming pool was dirty 

with plastic cups at the bottom, the outside furniture was run down, there were broken bulbs on 

the lamp posts, many outdoor fixtures appeared old and in need of repair, and the landscaping 

consisted of many dead spots in the grass, dead leaves on the trees, and dead bushes. This was not 

the “charming” exterior that Tansey represented and the Property was not in a condition consistent 

with the photographs or videos provided by Tansey.

78. Even under the check-in time of 1:00 p.m. mentioned in the Guest Agreement 

(which was modified by the subsequent communications), it would be impossible to clean and 

disinfect the entire 5,778 square foot Property to the level required during the COVID-19 

pandemic—especially given that, based on the cars in the parking lot and the number of empty 

cups and bottles, it is likely that more than four guests had stayed at the Property immediately prior 

to Frayman’s arrival. At the time of arrival, the prior tenants were still in the house and the cleaning 

staff had only just arrived at the Property. 

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LEÓN COSGROVE, LLP

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79. Upon arrival, Frayman texted Tansey and Andrea stating that the Property is an 

“extremely dirty place.” Andrea responded that the pool cleaner would come only in the afternoon 

and, with respect to a reference by Frayman to broken glass, Andrea said she would have a 

handyman attend to it. 

80. Needless to say, the Property was not close to being in a condition to be handed 

over to a new tenant as Frayman feared when Tansey informed him at the last minute that the prior 

tenant was staying an additional night. 

81. Shortly thereafter, Tansey and Sarah Mirmelli (“Sarah”) arrived. Frayman said, “I 

don’t like it.” Sarah responded, “Sorry.” 

82. Seeing that the condition and quality of the Property had been misrepresented to 

him, given the unclean state the Property was in, and given the complete disregard to social 

distancing or disinfection despite the heightened health risks due to the COVID-19 pandemic, 

Frayman provided two alternatives: (i) reduce the rent to $55,000 with no security deposit or (ii) 

provide a full refund of the $65,000 he had paid. 

83. The potential reduction in rent would have been used to ensure that the house was 

properly cleaned as well as for temporary alternative accommodations during the cleaning if 

necessary. However, Sarah expressed no interest in any rent reduction. 

84. Sarah walked away from Frayman, made a call to an un-identified person, returned 

to Frayman, and said, “We will return your money.” Frayman responded, “Thank you, good bye.” 

85. Frayman relied on Sarah’s undertaking as both the person responsible for check-in 

and also as sister of the owner as represented by Tansey. Sarah’s actions displayed her authority 

or apparent authority to contractually bind the owner to return his funds. 

86. Tansey was present for this discussion, including Sarah’s promise that the funds 

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would be returned to Frayman. Tansey said to Frayman, “I am on your side. I am sorry.” Frayman 

told him that he expected the refund by Monday.

87. Once again, Tansey omitted that Mirmelli had previously been sued for a refund

and that the use of the shell company Miami Luxury on the Guest Agreement was a recent 

innovation by Mirmelli shortly following his dispute with the plaintiff in the prior lawsuit. Instead, 

in reference to the refund, Tansey assured Frayman, “I will take care of it.”

88. Relying on Sarah’s promise on behalf of Miami Luxury and Mirmelli—as well as 

Tansey’s assurance—Frayman left the Property.

89. In a very stressful condition, he drove from hotel to hotel trying to find one that 

was open. Many hotels were closed at this time and Frayman, being a foreigner, was very 

distressed given that he had his 12-year-old daughter in the car and had no idea how long it would 

take to identify suitable, COVID-19 compliant accommodations. 

90. Ultimately, Frayman checked into the AC Hotels at 2912 Collins Ave—at great 

additional expense of $1,151.12 for three nights given the last-minute nature of the alternative 

rental. 

91. Frayman spent the next few days seeking a more permanent solution and ultimately,

via a different broker, he and his family rented rooms at The Setai for a cost of $73,536. Although 

the accommodations were suitable, his goal of spending a month with his family in a semi-isolated 

environment at a rental house with a private property was not achieved.

92. On May 29, 2020, in response to Tansey’s request for wire details for the refund, 

Frayman emailed Tansey wire instructions and referred to the oral agreement reached in the 

presence of Sarah and Tansey at the Property with respect to the refund stating, “According to the 

agreement reached today in your presence, please find attached banking instructions for the return 

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of 65000 (sixty-five thousands) US Dollars in full. I expect that the money will arrive back to my 

account no later than 11 a.m. Zurich, Switzerland time, June 2nd, 2020.” 

93. Tansey responded: “I have sent your wire instructions and demanded that the 

transmission happens today.” At no time did Tansey refute the existence of an oral agreement 

reached with Sarah as the owner’s representative to have the $65,000 refunded. Tansey assured 

Frayman that he would “continue to press them for the immediate refund until I know transmitted.”

94. The next day, Avigdor sent an email to Tansey acknowledging the problems with 

the Property. After seeing photographs of the true condition of the Property, Avigdor himself 

described the Property as “in general a house in disrepair.” See Ex. B, Email from R. Avigdor 

dated May 29, 2020 (“I am truly disappointed to learn from our customer Alexander Frayman, that 

the condition of the home he rented through your local efforts was such a letdown for him. I don’t 

think it was just an issue of it not being properly turned or cleaned upon his arrival. Alexander just 

sent me pictures of a dirty pool, dirty furniture (that probably needed a powerwashing) refuse left 

about. Party cups at the bottom of the pool, landscaping neglected, and in general a house in 

disrepair.”). 

95. In the same email, Avigdor instructed Tansey to “please refund all the monies to 

his account immediately (the full $65,000) and lets [sic] please avoid an embarrassing law suit 

[sic].”

96. On May 30, 2020, Tansey emailed Frayman asking, on behalf of “Wide Bay 

Luxury” (another Mirmelli-owned entity) for additional wiring information to complete the 

transaction by the following Monday, June 1, 2020. Frayman provided the requested information. 

97. After still not receiving any refund, on June 5, 2020, Frayman (through his counsel) 

sent Tansey, Avigdor, DE Realty, and DE Florida a demand for payment. 

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98. On June 11, 2020, backtracking from Avigdor’s earlier representation, DE Realty’s 

general counsel sent Frayman a letter stating it would not refund any money because it “is not 

responsible for its return.” 

99. This is despite earlier texts from Avigdor to Frayman stating, “What happened to 

you was an injustice and I am incensed by it. . . . I am completely shocked that Darrin could put 

you in this house.” 

100. Avigdor further informed Frayman that he wrote to the “owner” of Douglas 

Elliman, Howard Lorber, and stated, “Howard . . . we have an escalating problem that will soon 

be an embarrassing law suit for Douglas Elliman and would appreciate if you could give me a call 

to discuss . . .[Frayman] is demanding his money back and believes he has been fleeced by a 

landlord that Douglas Elliman introduced him to and this party’s house situation has been in the 

news for similar problems in the past.”

101. To date, no money has been returned to Frayman. 

102. Frayman has also since learned that, in 2019, a prior guest sued Mirmelli because 

the Property was “unclean, in disarray and unfit for her family.” 

103. Further, the rental was illegal because short-term rentals are prohibited on Sunset 

Island. See City of Miami Beach Code of Ordinances § 142-109. 

104. In fact, in addition to having been sued by prior guests, Mirmelli has had legal 

troubles with the City of Miami Beach due to illegal short-term rentals. In April 2018, Mirmelli 

was fined $25,000 for engaging in illegal short-term rentals. The City of Miami Beach takes a 

particularly dim view of short-term rentals of properties like the Property, with the ordinance 

requiring enhanced penalties for properties that exceed 5,000 square feet. See City of Miami Beach 

Code of Ordinances § 142-109.

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105. The advertising and promotion of the Property by DE Realty, DE Florida, Avigdor, 

and Tansey was also illegal and subjects them to the imposition of fines by the City of Miami 

Beach. See City of Miami Beach Code of Ordinances § 142-109(c)(1)(d) (stating that an 

“advertisement that promotes the occupancy of a residence for less than six months and one day” 

violates the ordinance); id. § 142-905(b)(5) (“The advertisement, as defined in section 142-109(b), 

of single-family homes for a period of less than six months and one day shall not be permitted for 

single-family districts, and shall be a violation of this section 142-905(b)(5).”); see also id. § 142-

109(b)(2) (“Advertising or advertisement shall mean any form of communication for marketing or 

used to encourage, persuade, or manipulate viewers, readers or listeners for the purpose of 

promoting . . . the occupancy of a residence for less than six months and one day, as provided 

herein, upon the premises, as may be viewed through various traditional media, including, but not 

limited to, newspaper, magazines, flyers, handbills, television commercial, radio advertisement, 

outdoor advertising, direct mail, blogs, websites or text messages.”).

106. Ironically, Mirmelli has actually sued the City of Miami Beach, in part, over its 

alleged failure to enforce its short-term rental ban against one of his competitors in the (illegal) 

short-term rental market. See Mirmelli v. City of Miami Beach, Case No. 2018-026112-CA-01 

(Fla. 11th Cir. Ct.). 

107. The rental was also illegal under the Phase 1 Reopening Order and Emergency 

Measures to be Implemented by the City of Miami Beach (Revised May 22, 2020) Effective May 

23, 2020, at 12:00 A.M (the “Order”). The Order ordered that all “commercial lodging 

establishments” (defined to include “short-term rentals”) “shall remain fully CLOSED to transient 

guests and renters” (subject to inapplicable exceptions). The Order further required that 

commercial lodging establishments “shall refrain from accepting new transient guests or making 

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new reservations” until the expiration of the Order. This Order was in effect at all relevant times. 

108. DE Realty, DE Florida, Avigdor, and Tansey—who highlighted his personal 

friendship with Mirmelli—knew or should have known of these material issues, but in order to 

secure their economic gain via a commission (a) fraudulently did not disclose them or (b) 

performed no due diligence and negligently misrepresented the condition of the Property and the 

standards to which it was kept.

109. As demonstrated by his prior legal disputes, Mirmelli had actual knowledge that 

short-term rentals are prohibited on Sunset Island. He nevertheless marketed the Property for a 

short-term rental. 

110. Mirmelli also had actual knowledge of the deceptive and misleading nature of the 

promotional materials for the Property as well the fact that the Property was poorly maintained. 

111. Frayman has hired the undersigned counsel to prosecute this action and is required 

to pay them reasonable attorneys’ fees in connection with prosecuting this action.

112. All conditions precedent to this action have been performed, waived, or otherwise 

satisfied. 

COUNT I

VIOLATION OF DUTIES UNDER FLA. STAT. § 475.278

(Against DE Realty, DE Florida, Tansey, and Avigdor) 

113. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

114. This is a count for damages arising from DE Realty, DE Florida, Tansey, and 

Avigdor’s violations of the duties set forth in section 475.278, Florida statutes.

115. DE Realty, DE Florida, Tansey, and Avigdor are brokers as defined in section 

475.01(1)(a), Florida statutes. 

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116. DE Realty, DE Florida, Tansey, and Avigdor were single agents for Frayman, and 

as such represented Frayman as a fiduciary and owed Frayman duties including (1) dealing 

honestly and fairly, (2) loyalty, (3) full disclosure, (4) accounting for all funds, (5) skill, care, and 

diligence in the transaction, and (6) disclosing all known facts that materially affect the value of 

residential real property and are not readily observable.

117. Indeed, Tansey told Frayman what he was working “on your behalf” and that he 

was “brokering the deal for you.” 

118. Alternatively, DE Realty, DE Florida, Tansey, and Avigdor were at least 

transaction brokers, and as such owed Frayman duties including (1) dealing honestly and fairly, 

(2) accounting for all funds, (3) using skill, care, and diligence in the transaction, and (4) disclosing 

all known facts that materially affect the value of residential real property and are not readily 

observable to the buyer.

119. DE Realty, DE Florida, Tansey, and Avigdor breached their statutory duties to 

Frayman by illegally advertising an illegal rental to him, failing to disclose that a short-term rental 

for the Property was illegal, falsely advising that a “guest agreement” would render the rental legal

and otherwise leading Frayman to believe that they were marketing properties that could legally 

be rented on a short-term basis, failing to disclose that Mirmelli had been fined for illegally renting 

the Property as a short-term rental, failing to disclose that Mirmelli had been sued by a guest for a 

refund because the Property was not kept in the represented condition, failing to disclose that 

Mirmelli started using Miami Luxury to rent out the Property following his dispute with the prior 

plaintiff, and failing to disclose that the Property was unclean, in disarray, and unfit for a family.

120. The undisclosed facts listed supra materially affected the value of the Property and 

were not readily-observable to Frayman. 

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121. DE Realty, DE Florida, Tansey, and Avigdor either knew, or using the requisite 

skill, care, and diligence should have known, the undisclosed facts listed supra. 

122. DE Realty, DE Florida, Tansey, and Avigdor further breached their statutory duties 

to Frayman by misrepresenting the condition the Property. 

123. Had DE Realty, DE Florida, Tansey, and Avigdor not illegally advertised an illegal 

rental to Frayman; had DE Realty, DE Florida, Tansey, and Avigdor not misrepresented the 

legality of the rental; had DE Realty, DE Florida, Tansey, and Avigdor not misrepresented the 

condition of the Property to Frayman; or had Realty, DE Florida, Tansey, and Avigdor disclosed 

(or used skill, care, and diligence to discover and disclose) any of the undisclosed facts listed supra 

to Frayman, Frayman would not have agreed to rent the Property. 

124. Frayman detrimentally relied on the representations and omissions of DE Realty, 

DE Florida, Tansey, and Avigdor.

125. As a direct and proximate cause of DE Realty, DE Florida, Tansey, and Avigdor’s 

breaches of their duties to Frayman, Frayman has been damaged in an amount to be proven at trial.

126. DE Realty, DE Florida, Tansey, and Avigdor are liable for Frayman’s damages, 

including but not limited to expenses for flying with his family from Philadelphia to Miami, the 

unreturned $65,000 rental payment, and the additional expenses of securing last-minute alternative 

accommodations. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants DE Realty, DE Florida, Tansey, and Avigdor awarding Plaintiff’s 

actual, compensatory, consequential, and punitive damages; costs; and pre- and post-judgment 

interest.

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COUNT II

VIOLATION OF FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT

(Against Mirmelli and Miami Luxury)

127. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

128. This is a count for damages, declaratory relief, and injunctive relief for violations 

of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq. 

129. At all times material, Mirmelli and Miami Luxury conducted trade or commerce 

within the meaning of section 501.203, Florida statutes.

130. Mirmelli and Miami Luxury engaged in unconscionable, unfair, or deceptive acts 

or practices by illegally advertising and renting out an illegal rental to Frayman. 

131. Mirmelli and Miami Luxury engaged in further unconscionable, unfair, or 

deceptive acts or practices by misrepresenting the true condition of the Property and failing to 

disclose that a short-term rental for the Property was illegal, that Mirmelli had been fined for 

illegally renting the Property as a short-term rental, that Mirmelli had been sued by a guest for a 

refund because the Property was not kept in the represented condition, that Mirmelli started using 

Miami Luxury to rent out the Property following his dispute with the prior plaintiff, and that the 

Property was unclean, in disarray, and unfit for a family.

132. Mirmelli and Miami Luxury engaged in further unconscionable, unfair, or 

deceptive acts or practices by seeking to illegally rent the Property to Frayman and have him 

execute an illegal contract. 

133. Indeed, because the rental and rental contract were illegal, the value of the rental 

was worthless. 

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134. The misrepresentation, concealment, and omissions of material facts and the other 

unconscionable, unfair, or deceptive acts or practices alleged in the preceding paragraphs occurred 

in connection with Mirmelli and Miami Luxury’s trade or commerce in Florida.

135. As a direct and proximate result of Mirmelli and Miami Luxury’s unconscionable,

unfair, or deceptive acts or practices in violation of FDUTPA, Frayman has been damaged in an 

amount to be proven at trial.

136. Mirmelli and Miami Luxury are liable for Frayman’s damages, including but not 

limited to expenses for flying with his family from Philadelphia to Miami, the unreturned $65,000 

rental payment, and the additional expenses of securing last-minute alternative accommodations 

(plus additional expenses of taxis, WiFi rentals, and other incidentals).

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants Mirmelli and Miami Luxury awarding Plaintiff’s actual damages, 

reasonable attorneys’ fees, costs, and pre- and post-judgment interest; issuing a declaration that 

Defendants Mirmelli and Miami Luxury’s acts and practices alleged herein violated FDUTPA; 

and enjoining Defendants Mirmelli and Miami Luxury from continuing to violate FDUTPA 

through the acts and practices alleged herein. 

COUNT III

FRAUDULENT INDUCEMENT

(Against All Defendants)

137. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

138. This is a count for damages for fraudulent inducement. 

139. Defendants made false statements of material facts about the rental, the Property, 

and the owner and Defendants knew or should have known of the falsity of their statements.

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140. Defendants also omitted or failed to disclose materials facts about the rental, the 

Property, and the owner that they had a duty to disclose. 

141. As more specifically alleged above, Defendants Mirmelli and Miami Luxury’s

material misrepresentations and omissions include misrepresenting, through Tansey, the true 

condition of the Property and the legality of the rental, and failing to disclose that a short-term 

rental for the Property was illegal, that Mirmelli had been fined for illegally renting the Property 

as a short-term rental, that Mirmelli had been sued by a guest for a refund because the Property 

was not kept in the represented condition, that Mirmelli started using Miami Luxury to rent out 

the Property following his dispute with the prior plaintiff, and that the Property was unclean, in 

disarray, and unfit for a family.

142. As more specifically alleged above, Defendants Mirmelli and Miami Luxury’s 

material misrepresentations and omissions include misrepresenting, through Sarah, the intention 

of Mirmelli and Miami Luxury to refund Frayman’s money if he left the Property.

143. As more specifically alleged above, Defendants DE Realty, DE Florida, Avigdor, 

and Tansey’s material misrepresentations and omissions include misrepresenting the true 

condition of the Property and the legality of the rental and failing to disclose that a short-term 

rental for the Property was illegal, that Mirmelli had been fined for illegally renting the Property 

as a short-term rental, that Mirmelli had been sued by a guest for a refund because the Property 

was not kept in the represented condition, that Mirmelli started using Miami Luxury to rent out 

the Property following his dispute with the prior plaintiff, and that the Property was unclean, in 

disarray, and unfit for a family.

144. Defendants intended for their representations and omissions to induce Frayman to 

rely and act upon them.

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145. Frayman suffered damages in an amount to be proven at trial by acting in justifiable 

reliance on Defendants’ material misrepresentations and omissions.

146. In particular, Frayman justifiably relied on Defendants’ material misrepresentations 

and omissions in entering into the Guest Agreement, paying for flight tickets from Philadelphia to 

Miami, wiring $65,000 to Miami Luxury, and leaving the Property to find alternative last-minute 

accommodations at extra expense. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants DE Realty, DE Florida, Tansey, Avigdor, Mirmelli, and Miami 

Luxury awarding Plaintiff’s actual, compensatory, consequential, and punitive damages; costs; 

and pre- and post-judgment interest.

COUNT IV

FRAUD

(Against All Defendants)

147. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

148. This is a count for damages for fraud. 

149. Defendants made false statements of material facts about the rental, the Property, 

and the owner and Defendants knew or should have known of the falsity of their statements.

150. Defendants also omitted or failed to disclose materials facts about the rental, the 

Property, and the owner that they had a duty to disclose. 

151. As more specifically alleged above, Defendants Mirmelli and Miami Luxury’s 

material misrepresentations and omissions include misrepresenting, through Tansey, the true 

condition of the Property and the legality of the rental, and failing to disclose that a short-term 

rental for the Property was illegal, that Mirmelli had been fined for illegally renting the Property 

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as a short-term rental, that Mirmelli had been sued by a guest for a refund because the Property 

was not kept in the represented condition, that Mirmelli started using Miami Luxury to rent out 

the Property following his dispute with the prior plaintiff, and that the Property was unclean, in 

disarray, and unfit for a family.

152. As more specifically alleged above, Defendants Mirmelli and Miami Luxury’s 

material misrepresentations and omissions include misrepresenting, through Sarah, the intention 

of Mirmelli and Miami Luxury to refund Frayman’s money if he left the Property.

153. As more specifically alleged above, Defendants DE Realty, DE Florida, Avigdor, 

and Tansey’s material misrepresentations and omissions include misrepresenting the true 

condition of the Property and the legality of the rental and failing to disclose that a short-term 

rental for the Property was illegal, that Mirmelli had been fined for illegally renting the Property 

as a short-term rental, that Mirmelli had been sued by a guest for a refund because the Property 

was not kept in the represented condition, that Mirmelli started using Miami Luxury to rent out 

the Property following his dispute with the prior plaintiff, and that the Property was unclean, in 

disarray, and unfit for a family.

154. Defendants intended for their representations and omissions to induce Frayman to 

rely and act upon them.

155. Frayman suffered damages in an amount to be proven at trial by acting in justifiable 

reliance on Defendants’ material misrepresentations and omissions.

156. In particular, Frayman justifiably relied on Defendants’ material misrepresentations 

and omissions in entering into the Guest Agreement, paying for flight tickets from Philadelphia to 

Miami, wiring $65,000 to Miami Luxury, and leaving the Property to find alternative last-minute 

accommodations at extra expense. 

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WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants DE Realty, DE Florida, Tansey, Avigdor, Mirmelli, and Miami 

Luxury awarding Plaintiff’s actual, compensatory, consequential, and punitive damages; costs; 

and pre- and post-judgment interest.

COUNT V

PROFESSIONAL MALPRACTICE

(Against DE Realty, DE Florida, Tansey, and Avigdor)

157. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

158. This is a count for damages for professional malpractice. 

159. As brokers as defined in section 475.01(1)(a), DE Realty, DE Florida, Tansey, and 

Avigdor rendered a professional service to Frayman and are professionals under Florida law. 

160. DE Realty, DE Florida, Tansey, and Avigdor also held themselves out to Frayman 

as having specialized knowledge and skill with respect to brokering luxury rental properties in 

South Florida. 

161. DE Realty, DE Florida, Tansey, and Avigdor had a duty to exercise a degree of care 

and skill in brokering a rental property for Frayman. 

162. DE Realty, DE Florida, Tansey, and Avigdor neglected their reasonable duties of

care in the course of a professional relationship by promoting, recommending, and brokering the 

rental of a Property that was illegal, subject to prior litigation both by prior guests and the City of 

Miami Beach, rented out in the Guest Agreement through the owner’s shell company rather than 

the owner of record, and in poor condition. 

163. Such negligence proximately caused Frayman damages in an amount to be proven 

at trial.

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WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants DE Realty, DE Florida, Tansey, and Avigdor awarding Plaintiff’s 

actual, compensatory, consequential, and punitive damages; costs; and pre- and post-judgment 

interest.

COUNT VI

NEGLIGENT MISREPRESENTATION

(Against DE Realty, DE Florida, Tansey, and Avigdor)

164. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

165. This is a count for damages for negligent misrepresentations and omissions made 

by Defendants DE Realty, DE Florida, Tansey, and Avigdor.

166. DE Realty, DE Florida, Tansey, and Avigdor made false statements of material 

facts about the rental, the Property, and the owner.

167. DE Realty, DE Florida, Tansey, and Avigdor also omitted or failed to disclose 

materials facts about the rental, the Property, and the owner that they had a duty to disclose. 

168. As more specifically alleged above, DE Realty, DE Florida, Tansey, and Avigdor’s 

material misrepresentations and omissions include misrepresenting the true condition of the 

Property and the legality of the rental and failing to disclose that a short-term rental for the Property 

was illegal, that Mirmelli had been fined for illegally renting the Property as a short-term rental, 

that Mirmelli had been sued by a guest for a refund because the Property was not kept in the 

represented condition, that Mirmelli started using Miami Luxury to rent out the Property following 

his dispute with the prior plaintiff, and that the Property was unclean, in disarray, and unfit for a 

family.

169. DE Realty, DE Florida, Tansey, and Avigdor made these material 

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misrepresentations and omissions in the course of their business, profession, or employment in a 

transaction in which they had a pecuniary interest. 

170. In the exercise of reasonable care under the circumstances, DE Realty, DE Florida, 

Tansey, and Avigdor were negligent in making these material misrepresentations and omissions 

because the representations were made without knowledge of their truth or falsity and/or they have 

known or ascertained that the misrepresentations were false and/or they should have discovered 

the material undisclosed facts. 

171. DE Realty, DE Florida, Tansey, and Avigdor intended for their representations and 

omissions to induce Frayman to rely and act upon them.

172. Frayman suffered damages in an amount to be proven at trial by acting in justifiable 

reliance on the material misrepresentations and omissions by DE Realty, DE Florida, Tansey, and 

Avigdor.

173. In particular, Frayman justifiably relied on material misrepresentations and 

omissions of DE Realty, DE Florida, Tansey, and Avigdor by entering into the Guest Agreement, 

paying for flight tickets from Philadelphia to Miami, and wiring $65,000 to Miami Luxury.

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants DE Realty, DE Florida, Tansey, and Avigdor awarding Plaintiff’s 

actual, compensatory, consequential, and punitive damages; costs; and pre- and post-judgment 

interest.

COUNT VII

CONVERSION

(Against Mirmelli and Miami Luxury)

174. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

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175. This is a count for damages for conversion of specifically identifiable funds by 

Mirmelli and Miami Luxury.

176. Mirmelli and Miami Luxury converted to their own use the $65,000 wired by 

Plaintiff Frayman that was then the property of Frayman. 

177. Mirmelli and Miami Luxury have wrongfully deprived Frayman of his property, 

the $65,000 wired by Frayman.

178. Having a right to possession of the $65,000 in funds, Frayman made a demand to 

Mirmelli and Miami Luxury for the return of such funds.

179. Mirmelli and Miami Luxury have refused or failed to relinquish such funds to 

Frayman. 

180. Mirmelli and Miami Luxury intend to permanently deprive Frayman of his $65,000 

in funds. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants Mirmelli and Miami Luxury awarding Plaintiff’s actual, 

compensatory, consequential, and punitive damages; disgorgement or restitution of Frayman’s 

$65,000; costs; and pre- and post-judgment interest.

COUNT VIII

UNJUST ENRICHMENT

(Against All Defendants)

181. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

182. This is a count for unjust enrichment.

183. Frayman conferred a direct benefit on Mirmelli and Miami Luxury by paying them 

$65,000. 

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255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

184. Frayman conferred a direct benefit on DE Realty, DE Florida, Tansey, and Avigdor 

by paying $65,000 to Mirmelli and Miami Luxury, from which DE Realty, DE Florida, Tansey, 

and Avigdor were paid a percentage commission. 

185. Defendants had knowledge of, accepted, and retained these benefits. 

186. The Guest Agreement between Frayman and Miami Luxury is void because it is 

subject to rescission and Frayman has given notice of rescission, Miami Luxury intentionally 

concealed the true condition of the Property and the illegality of the rental, Frayman entered into 

the Guest Agreement based on his unilateral mistake that the rental was legal, the Guest Agreement 

is void as illegal and/or because it could not be performed without violating the law, and/or Miami 

Luxury cannot be allowed to profit from an illegal transaction induced by fraud.

187. Under the circumstances, it would be unjust and inequitable to allow Defendants to 

retain these benefits without paying the value thereof to Plaintiff.

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants awarding Plaintiff’s general, actual, compensatory, consequential, 

and punitive damages; restitution of amounts by which Defendants have been unjustly enriched; 

costs; and pre- and post-judgment interest. 

COUNT IX

BREACH OF RENTAL AGREEMENT

(Against Mirmelli and Miami Luxury)

188. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

189. This is a count for damages arising from breaches of a rental agreement by Mirmelli 

and Miami Luxury.

190. The Guest Agreement was a rental agreement between Frayman and Miami 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

Luxury, and by extension, Mirmelli.

191. The Guest Agreement imposed an obligation of good faith in its performance. See 

Fla. Stat. § 83.44. 

192. The Guest Agreement contained an implied warranty that the premises would meet 

ordinary, normal standards reasonably to be expected of living quarters of comparable kind and 

quality.

193. Miami Luxury and Mirmelli breached the Guest Agreement by failing to provide a 

legal rental, acting in bad faith, failing to have the Property cleaned and ready at the agreed upon 

check-in time of 11:00 a.m., and failing to maintain the Property to ordinary, normal standards 

reasonably to be expected of living quarters of comparable kind and quality.

194. Frayman has been damaged by Mirmelli and Miami Luxury’s breaches in an 

amount to be proven at trial. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants Mirmelli and Miami Luxury awarding Plaintiff’s general, actual, 

compensatory, consequential, and punitive damages; reasonable attorneys’ fees pursuant to Fla. 

Stat. § 83.48; costs; and pre- and post-judgment interest.

COUNT X

BREACH OF CONTRACT

(Against Mirmelli and Miami Luxury)

195. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

196. This is a count for damages arising from breach of contract by Mirmelli and Miami 

Luxury.

197. Frayman agreed with Mirmelli and Miami Luxury that he would be refunded his 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

$65,000 if he left the Property.

198. Frayman left the Property.

199. Mirmelli and Miami Luxury breached the agreement by failing to refund Frayman 

his $65,000.

200. Frayman has been damaged by Mirmelli and Miami Luxury’s breach in an amount 

to be proven at trial. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants Mirmelli and Miami Luxury awarding Plaintiff’s general, actual, 

compensatory, consequential, and punitive damages; costs; and pre- and post-judgment interest.

COUNT XI

RESCISSION

(Against Miami Luxury)

201. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

202. This is a count for rescission of the Guest Agreement between Frayman and Miami 

Luxury. 

203. Rescission is warranted because Miami Luxury procured Frayman’s agreement to 

the Guest Agreement through fraudulently misrepresenting the true condition of the Property and 

the legality of the rental.

204. Rescission is warranted because Miami Luxury intentionally concealed the true 

condition of the Property and the illegality of the rental. 

205. Rescission is warranted because Frayman agreed to the Guest Agreement based on 

his unilateral mistake that the rental was legal. 

206. Rescission is warranted because the Guest Agreement is void as illegal and/or 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

because it could not be performed without violating the law. 

207. Rescission is warranted because Miami Luxury cannot be allowed to profit from an 

illegal transaction induced by fraud.

208. Frayman has notified Miami Luxury of the rescission.

209. Based on the rescission, the parties must be restored to the status quo prior to 

entering into the Guest Agreement. As such, Frayman is entitled to return of his $65,000 rental 

payment. 

210. Frayman has no adequate remedy at law. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendant Miami Luxury declaring the Guest Agreement void and restoring the 

parties to the status quo, including awarding Frayman return of his $65,000 rental payment 

together with an award of Frayman’s costs and pre- and post-judgment interest.

COUNT XII

MONEY HAD AND RECEIVED

(Against Mirmelli and Miami Luxury)

211. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

212. This is a count for money had and received.

213. Frayman paid $65,000 to Miami Luxury and Mirmelli due to fraud, 

misrepresentation, imposition, duress, undue influence, mistake, and not knowing of the illegal 

nature of the Guest Agreement.

214. Miami Luxury and Mirmelli are in possession of the $65,000, which in equity and 

good conscience ought to be refunded to Frayman. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

judgment against Defendants Mirmelli and Miami Luxury awarding Plaintiff’s general, actual, 

compensatory, consequential, and punitive damages; costs; and pre- and post-judgment interest.

COUNT XIII

PROMISSORY ESTOPPEL

(Against Mirmelli and Miami Luxury)

215. Frayman incorporates by reference and re-alleges paragraphs 1 through 112 as if 

fully set forth herein.

216. This is a count for promissory estoppel.

217. Through Sarah as their agent or apparent agent, Mirmelli and Miami Luxury

promised Frayman that he would receive a full refund of his $65,000 wire if he left the Property. 

218. Mirmelli and Miami Luxury expected, or reasonably should have expected, this 

promise to induce action or forbearance on the part of Frayman. 

219. Frayman reasonably relied on this representation to his detriment. 

220. Frayman left the Property and sought alternative accommodations at great expense.

221. Frayman has not received a refund of his $65,000. 

222. To the extent a contract was not formed when Frayman and Miami Luxury agreed 

to the terms of the refund, injustice can be avoided only by enforcement of the promise through 

the doctrine of promissory estoppel. 

WHEREFORE, Plaintiff Frayman respectfully requests that the Court enter a final 

judgment against Defendants Mirmelli and Miami Luxury awarding Plaintiff’s general, actual, 

compensatory, consequential, and punitive damages; costs; and pre- and post-judgment interest.

Dated: November 13, 2020 Respectfully submitted,

Andrew B. Boese

Andrew B. Boese

 Fla. Bar No. 824771

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LEÓN COSGROVE, LLP

255 ALHAMBRA CIR., 8TH FLOOR │ MIAMI, FL 33134 │ T 305.740.1975 │WWW.LEONCOSGROVE.COM

Jeremy L. Kahn

 Fla. Bar No. 105277

LEÓN COSGROVE, LLP

255 Alhambra Circle, 8th Floor

Miami, Florida 33134

Tel: 305.740.1975

Email: aboese@leoncosgrove.com

Email: jkahn@leoncosgrove.com

Counsel for Plaintiff

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