BY JEFF CHUDZINSKI

North Country This Week

MASSENA — A notice of claim has been filed against  Louisville and Massena fire departments, along with the towns of Louisville and Massena for $4.5 million by Dr. Wilfredo Perez, owner of the Java Veterinary Center.

Also put on notice were the Akwesasne, Potsdam, Madrid, West Stockholm, Norfolk, Brasher-Winthrop, and Waddington fire departments.

The Java Veterinary Center, located on Route 56 just outside of Massena, was declared a total loss following a fire on Oct. 28. The fire, initially reported just after 3 a.m., was put out before rekindling around noon. The fire rekindled again a few hours later, leading to a total loss, according to officials at the time.

In court documents obtained by North Country This Week, the claims against the towns and fire departments “are for negligence and other related causes of action in light of the fact that the firefighters who responded, and the way they responded to the fire, created a special relationship with Dr. Perez such that liability attaches.”

The notice of claim is a legal prerequisite to bringing a lawsuit against a municipality.

Responding departments for the initial call included Massena, Louisville, Akwesasne, Potsdam, Madrid, West Stockholm, Norfolk, Brasher-Winthrop and Waddington.

When the fire rekindled, Massena Louisville, Norfolk, Brasher-Winthrop, Madrid and Waddington responded, with Massena Volunteer Fire responding with an aerial truck as well, documents state.

Court documents attempt to bring into question why area fire departments that responded initially to the fire had removed their personnel and resources from the scene prior to the first rekindle around noon that day.

Documents also state, “upon information and belief, only the Louisville Fire Department responded to the second rekindling that occurred on Saturday, October 29, 2022. Thus, the aforementioned fire departments may bear some or all responsibility for the loss suffered by Dr. Perez.”

No injuries were reported but at least two dogs were lost in the fire.

Java Veterinary Center also offered boarding services for North Country Residents.

In an exhibit attached to the court documents, Assistant Chief Patrick O’Brien of the Massena Volunteer Fire Department wrote a letter addressed to Dr. Perez, explaining the “Chief of Louisville Fire will make the final determination as to cause of the fire utilizing the investigative reports provided to him by the fire investigators from the St. Lawrence County Fire Investigation Team as well as the New York State Office of Fire Prevention and Control,” per New York State General Municipal Law §204-D.

According to the letter, the clinic was within the Louisville Fire District, leading other departments to act in support of Louisville.

“The mutual aid departments responding to assist Louisville Fire are not involved in the cause and origin determination or subsequent fire investigation,” O’Brien wrote.

A GoFundMe was established shortly after the fire, raising over $64,000 from 532 donations, according to the GoFundMe page. Those funds are expected to help rebuild the veterinary center.

A benefit dinner was also held on Nov. 13 at Eyland’s restaurant in Massena, with many local businesses and local residents participating. Seven different dishes were served, along with baskets and prizes for raffles. Donated items included a 55” TV, Adirondack chair set with a firepit, a “basket of cheer”, lotto ticket tree, doggie baskets and a 50/50 raffle.

On Dec. 3 the Moose Lodge hosted a Skillo Bingo fundraiser, which also included surprise raffles and 50/50 tickets.

Local musician Tracer James hosted a lap steel Christmas concert on Dec. 9, selling tickets for $10 each to benefit the rebuilding efforts of the Java Veterinary Center.

Perez has since reopened in a temporary location at 10 Trade Dr. in the Massena Industrial Park as of Nov. 10

Perez is being represented by Jorge Marquez and John Keenan of the Warren Law Group, based in New York City.