lurh WARREN

519 8TH AVENUE, 25TH FLOOR

NEW YORK, NY 10018

rltlll 0n0lJP 866.928.5838 . warren.law

January 19,2023

VIA CERTIFIED MAIL TO:

Town of Louisville
14810 State Highway 37
Massena, New York 13662

Louisville Volunteer Fire Departmento Inc

14818 State Highway 37
Massena, New York 13662

Re: Dr. Wilfredo Perez Notice of Claim Filine

To whom it may concern:

Our firm represents Dr. Wilfredo Perez with respect to the matter reflected in the Notice of
Claim attached to this letter. This letter and a copy of the Notice of Claim are provided to you so
that you may: (1) send this letter and the Notice of Claim to any official or entity that should be
informed of this matter; and (2) inform such official or entity that they must take efforts to preserve
any evidence that relates to the events reflected in the Notice of Claim.

Pursuant to General Municipal Law $ 50-e, the Town of Louisville and/or the Louisville
Fire Department/District must be notified of its potential liability with respect to the matter raised
in the Notice of Claim. Consequently, please forward a copy of this cover letter and the attached
Notice of Claim to the relevant official or entity that may be responsible for handling this matter.

Lastly, you should take measures to preserve any and all evidence, including - but not
limited to - roll calls, investigative reports, text messages, e-mails, and other documents or
communications that relate to the events described in the attached Notice of Claim; failure to do
so may result in the destruction of potentially relevant evidence for this matter and you may be
responsible for spoliation sanctions. Consequently, in order to avoid the destruction of potentially
relevant evidenceo please contact the relevant officials so as to place a preservation hold on such
evidence.

If you have any questions, please contact me at787-525-8895 or jmarquez@warren.law'

Thank you for your attention to this matter,

(',5' 96,f'g/il
.

Warren Law Group

Managing Associate

I of I
 In the Matter of the claim of

DR. WILFREDO PEREZ

-against-
NOTICE OF CLAIM
TOWN OF LOUISVILLE; LOUISVILLE
FIRE DISTRICT; TOWN OF MASSENA;
MASSENA FIRE DISTRICT, and JOHN
DOES I-5

To

Town of Louisville Town of Massena

14810 State Highway 37 50 Main Street, Town Hall,
Massena, New York 13662 Massena, New York 13662

Louisville Volunteer Fire Department Massena Fire Department

14818 State Highway 37 34 Andrews Street
Massena, New York 13662 Massena, New York 13662

PLEASE TAKE NOTICE that Claimaint DR. WILFREDO PEREZ hereby makes this
claim and demand against the Town of Louisville, the Louisville Fire District, the Town of
Massena, and the Massena Fire District as followsl:

1. The name and post office address of Claimant and Claimaint's attorneys are:

Dr. Wilfredo Perez Jorge Marquez

PO Box 180 John Keenan
Massena, New York 13662 Warren Law Group
519 8th Avenue, 25th Floor
New York, New York 10018

I Claimant notes that additional fire departments from Akwesasne, Potsdam, Madrid, West Stockholm,
Norfolk, Brasher-Winthrop, and Waddington appear to have responded and may be liable for the events
described in this Notice of Claim. Despite attempts to ascertain additional information conceming the
involvement of these fire departments, Claimant was unable to obtain information that would reflect
whether the aforementioned fire departments bear any responsibility. Notwithstanding, Claimant also
notifies these agencies insofar as they may also be responsible for the events described in this Notice of
Claim in order to preserve his rights.

Page 1 of4
2. The nature of the claim

Between October 28 and October 29,2022, several fire departments responded to a fire
that resulted in a "total-loss" of Java's Veterinary Center ("Java"), located in the town of Massena,
New York (St. Lawrence County).2 Said veterinary center was operated by Dr. Wilfredo Perez
(who operated for about 10 years out of the former Linder Veterinary Clinic) and had been
operating at Java since 201 1. Upon information and belief, the fire was initially reported at around
3:00 a.m. and rekindled around l2:00 p.m. In addition, and also upon information and beliet it
appears that the fire rekindle d a second time.3 There is, therefore, a question as to why the fire was
allowed to rekindle not just once but twice.

It appears that the following fire departments responded to the initial call: Louisville,
Massena, Akwesasne, Potsdam, Madrid, West Stockholm, Norfolk, Brasher-Winthrop, and
Waddington.a By the time the fire rekindled at around l2:00 p.m., the following departments
purportedly "toned out" from providing measures to combat the fire: Louisville, Massena, Norfolk,
Brasher-Winthrop, Madrid, and Waddington.s In other words, by the time the fire rekindled the
first time in the afternoon, personnel and resources had been removed from the location that could
have been used to help combat the fire. The Massena Volunteer Fire Department also responded
with an aerial truck. 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.

Accordingly, the claims against the Town of Louisville and/or the Town of Massena (and
the responsible fire district(s)) 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. See Trimble v. City of Albany,20l6 NY
Slip Op 07912,144 A.D.3d 1484 (App. Div. 3rd Dept.). Relatedly, other fire departments noted in
this Notice of Claim may bear some responsibility as well.

Lastly, I note that, according to Patrick O'Brien, Assistant Chief of the Massena Fire
Department, the fire at Java fell within the purview of the Louisville Fire District. As such, it was
represented that "all other departments operated in support of Louisville." (S_ge Letter Response
from Massena Fire Department, dated December 29,2022, attached as Exhibit 1 to this Notice of
Claim). Notably, it was also represented to me that "the Chief of the Louisville Fire will make a
determination as to cause of the fire utilizing the investigative reports provided to him by the fire

2 See https://news.vahoo.com/fire-destroys-veterinary-center-massena- 120600606.htm1?fr:sycsrp catchall (last

accessed on December 20,2022).

'ld.
4
td.

5
Id.

Page2 of 4
investigators from the St. Lawrence County Fire Investigation Team as well as the New York State
Office of Fire Prevention and Control." Id. The Louisville Fire Department has not responded to
my requests for additional information or confirmed that the investigation has been completed. In
addition, I spoke with Christopher A. Taylor of Homeland Security and Emergency Services
Office of Fire Prevention and Control and he indicated that the investigation had not been finalized.
As a result, I lack information conceming the handling of the fires - specifically, the investigative
reports - and reserve the right to supplement this Notice of Claim once I learn of new information.

3. The time, place, and manner in which the claim arose.

October 28-29,2022, at Java's Veterinary Center located at 10035 State Highway 56,
Massena, NY 13662, as described in section "2" above.

4. The items of damage or injuries claimed are:

With respect to damages, two dogs died during the fire. In addition, the building, all of the
veterinary equipment/materials, and all of Dr. Perez's personalbelongings were destroyed during
the fire. The estimated total loss is approxirnately $4,500,000.00.

5. Total amount of the claim

The amount of damages for these claims is to be determined at trial but the minimum
threshold is approximately $4,500,000.00.

The undersigned Claimant, therefore, presents this claim for adjustment and payment. You
are hereby notified that, unless the claim is adjusted and paid within the time provided by law from
the date of presentation to you, Claimant intends to commence an action on this claim

6, Preservationofevidencerequest

Let this Notice of Claim also serve as a formalized preservation request for any and all
records, videos, information, reports, and other documents related to the October 28-29,2022 fire
and subsequently related investigations. For example, upon information and belief, the St.
Lawrence County Sherifls Department took footage ofthe October 228-9,2022 fire with an aerial
drone. As such, you should institute a preservation hold to ensure that this video is not lost.

Page 3 of4
Signaturc of Cleinunt:

sTATt OF NEW YORKI

C0LTNTY OF lil.h,,s } SS:

I \Ccedo being duly swem deposee and says that he has read the foregoing
NOTICE OFCl.AlMand knows thccontents thcttof and are to the bestof his own knswledge,
except es to mttteN therein stated to be upon and belief, and to those matters
I belierc to be tnte.

Signetrlc of Claiment

Su'orn to be bcfort this \7 day

of Jenuerv. !0I3

H' ,,h ,- CHELSEA MELDRUM

NOTARY PUBLIC.STATE OF NEW
YORK
Srgutrre of Notary Public No.01M86442096
Ourllflcd in St Ltwrenoc CountY -
uy Commtrston ExPito $'11'20?&

Prgo 4 of4
 EXHIBIT 1

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Massena Volunteer Fire Department |

tlr "Making House Colls Since 7900'

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December 29,2022

Wilfredo Perez, D.V.D.

P.O. Box 180
Massena, N.Y. 13662

Dr. Perez,

Thank you for reaching out to us. The fire at Java's Veterinary Clinic actually fell inside the Louisville Fire District, I h ave
included their contact information below. Massena Fire and all other departments operated in support of Louisville so
our records would be limited to operational specifics such as which trucks responded, how many firefighters we
provided, and how long they operated on scene. The mutual aid departments responding to assist Louisville Fire are not
involved in the cause and origin determination or subsequent fire investigation.

Per New York State General Municipal Law 5204-D 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 lnvestigation Team as well as the NewYorkState Office of Fire Prevention and Control. All question pertaining to
the cause and origin of the fire should be directed to Louisville Fire.

Contact lnformation:
Louisville Fire Department
Chief of Department
14818 State Highway 37
Massena, NY 13662
(31s) 769-2316

Respectf ully,

Patrick O'Brien, Assistant Chief

Massena Fire Department
PO 8ox 6411
34 Andrews Street
Massena, NY 13662

34 Andrews Street
P.O. Box 5411
Massena, N.V. 13662
8 (3$) t6e-23so
I chief@massenafd.org