Main Street fire ruled ‘non-criminal’ by arson squad

Lawsuit alleges negligence root cause

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The fire that broke out on Main Street in downtown Sayville on Friday, Oct. 25, that destroyed six local businesses, including Crushed Olive, Paper Doll Vintage Boutique, the former location of Cafe Joelle, Boris Barber Shop, Sayville Running Company, Hammer & Stain and the upstairs offices of Adrian Field, was said to be “non-criminal” by the Suffolk County Police Department’s Arson Squad.

A lawsuit for $4.5 million filed by the owner of Paper Doll Vintage Boutique against the building owners, The Lobrovich Irrevocable Family Trust of 2013 and Prestige Properties Ltd., 25 Main LLC (Café Joelle), DJT Development LLC, and JAD Electrical Installation, was filed on Nov. 7 in the Supreme Court of the state of New York, Suffolk County.

In the lawsuit, attorney Vesselin Mitev alleges that the above-mentioned entities did not “ensure that the premises it maintained, operated, leased, managed, oversaw, and controlled were kept in a safe and secure manner, and that any work performed at said premises was performed under a valid permit.”

The fire, which broke out in the former Café Joelle building, is alleged by Mitev to have not had proper permitting for construction after obtaining documents from the Town of Islip that indicated permit applications were filed for on Oct. 24.

According to the Town of Islip, permits are not necessary for all phases of renovation, i.e., cosmetic renovations, painting, wallpapering, tiling, carpeting, or installing cabinets.

Permits are necessary for plumbing and HVAC, fire protection, structural work, means of egress, building systems, and piping or gas connections.

With pending litigation, DJT Development was unable to comment regarding the specifics of the renovation work at the time of the fire.

Mittev claims that DJT performed “demolition, construction, remodeling, electrical, HVAC, plumbing” during this time.

The lawsuit alleges that “basic safety features such as working fire extinguishers were not present at the premises” and the work performed was “negligent, grossly negligent, haphazard, defective, shoddy, inept… and performed in violation of town and village codes and ordinances.”

Specifically, the lawsuit alleges that “improperly stored and maintained oil-soaked rags were present upon the space being reconstructed, which acted as an accelerant.” The SCPD Arson Squad did not speak to this allegation. Mittev has stated this information was obtained through his firm’s interviews and investigations, but could not reveal his sources.

Mittev did not provide a breakdown for the $4.5 million sum that his client is suing for, but the lawsuit did say that Paper Doll, a “retail[er] of luxury vintage items,” included “historic limited-edition, one-of-a-kind gowns, ties, hats, shoes, jewelry, eyewear, necklaces, cufflinks, shirts, dresses, sweaters, belts, coasts [sic], and accessories from… designers such as: Chanel, Gucci, Versace, Comme Des Garcons, Yves St. Laurent, Oscar De La Renta, Armani, Beau Brummel, and others.”

In addition, Paper Doll owner Dominika Maciejka said after chemical fumes and smoke rapidly entered her store, that she became subjected to “enough inhalation of chemically suffused fumes and smoke to require her hospitalization for smoke inhalation” and that she continues to suffer from “emotional distress, severe depression, headaches, upset stomach, vomiting, dizziness, inability to and loss of sleep, anxiety, anger and other neurological and physical damages.”