BY JEFF CHUDZINSKINorth Country This Week

MASSENA -- A Louisville veterinarian who originally filed a lawsuit against the towns of Louisville and Massena, along with the Louisville and Massena Volunteer Fire Departments, is now amending the complaint to include the village of Massena.

According to court documents obtained by NCTW, Dr. Wilfredo Perez, owner of Java's Veterinary Center, filed a motion to amend the lawsuit on Jan. 22, 2025 to include the village.

"Upon information and belief, defendant Village of Massena is a municipal corporation in the County of St. Lawrence, duly organized and existing by virtue of the laws of the State of New York, responsible for public safety, which includes establishing fire departments tasked with fighting and preventing fire hazards," the amendment states.

In the motion filed by Perez's attorney Jorge Marquez of Scarinci Hollenbeck, New York City, Perez claims the entities involved in battling the Oct. 28, 2022 blaze that destroyed the clinic showed "reckless disregard and may be personally responsible because of their willful negligence or malfeasance."

He also claims the town of Louisville, town of Massena and village of Massena "assumed a positive direction and control in the face of the known, blatant, and dangerous safety violation by condoning the actions that led to the fire rekindling," which ultimately led to a total loss of the structure.

Perez also claims the entities involved "negligently failed to train and supervise the firefighters who responded to the fire at Java," and also "failed to properly train firefighting personnel in how to assess and combat the rekindling of fire."

He further claims the entities also "failed to properly train and supervise fire personnel on when to remove resources from the scene of a fire and how to deploy an excavator to tear down part of a building without risk to the stability of the structure."

In his claim, Perez also claims the entities "knew or should have known that fire personnel would face a situation similar to the one that they faced on October 28, 2022, and that, had they received adequate training, would not have led to the rekindling of the fire that appeared to be under control."

The lawsuit is one that has been gestating for months now, after a notice of claim was filed in January 2023.

In his notice, Perez stated he was seeking $4.5 million for damages and distress.

He also put the fire departments of Akwesasne, Potsdam, Madrid, West Stockholm, Norfolk, Brasher-Winthrop, and Waddington on notice but did not include them in the lawsuit.

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.”

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.

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

A benefit dinner was also held on Nov. 13, 2022 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, 2022, 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, 2022, selling tickets for $10 each to benefit the rebuilding efforts of the Java Veterinary Center.

Perez reopened in a temporary location at 10 Trade Dr. in the Massena Industrial Park shortly after the fire but has since reopened with a new, permanent clinic behind the charred remains of the former clinic.

Perez was further embroiled in controversy in Nov. 2023 when it was revealed his license to practice veterinary medicine was temporarily suspended.

In an email sent to North Country This Week in Nov. 2023, officials with the vet clinic said Perez's license was temporarily suspended.

No reason was given for the suspension, however officials with the clinic say business would resume Dec. 28, 2023.

Documents state the town of Louisville has retained Westerman, Sheehy, Samaan & Gillespie, LLP, East Meadow, NY, for representation in the case.

An appearance date has been set for Friday, February 14 in Supreme Court of the State of New York, St. Lawrence County.

Supreme Court Judge Mary Farley will oversee the hearing.

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