MIAMI – A New York couple alleges a Miami Beach furniture salesman did not deliver the high-end Italian furniture promised or refunded the purchase.
Efraim and Angela Shamayev filed a complaint on Aug. 19 in the U.S. District Court for the Southern District of Florida against Elite Light and Living LLC and Vladimir Maistrenko alleging civil theft, tort conversion, unjust enrichment and other counts.
According to the complaint, the plaintiffs allege that in February 2015, they signed an agreement with Maistrenko to act as broker in order for plaintiffs to purchase Italian furniture through defendant's connections. Both parties allegedly agreed to pay the defendant a $10,000 retainer fee and 15 percent of the cost of goods as broker fee, and the plaintiffs deposited $148,000 plus markup to defendant's account for full payment.
The suit states that the sample furniture that arrived was inferior in quality and color and that the plaintiffs requested a refund of $174,000.
The plaintiffs hold Elite Light and Living LLC and Maistrenko responsible because the defendant allegedly refused to return the plaintiff's funds and engaged in unfair and/or deceptive trade practices.
The plaintiffs request a trial by jury and seek judgment in their avor, award damages, attorney’s fees and other relief deemed just. They are represented by Josef Timlichman of Cohen Legal Offices in Fort Lauderdale.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-23577