A pet store owner suing the the town over its new pet dealers law, claiming the law will put him out of business, is simultaneously petitioning a court to dissolve the company.
Brothers Keith Lewin and Brian Lewin are locked in a bitter legal battle over ownership of the pet store, The Puppy Experience in Aquebogue, and several other jointly owned businesses.
In a petition filed last August, Keith Lewin asks the court to dissolve the corporation that operates as The Puppy Experience, order liquidation of its assets and appoint a referee “to aid in winding up the affairs” of the company.
The corporation, Lewin K-9 Inc., has “ceased to effectively function,” according to Keith Lewin, who says Brian Lewin has been “shutting [him] out of all business operations and has unilaterally taken control of … Lewin K-9” without his consent. Keith Lewin says he has been barred from the premises of the corporation, has no voice in its management or operation, has been denied access to its books and records and “has been completely frozen out of the business of the corporation.”
In his answer opposing the petition for dissolution, Brian Lewin denies his brother’s accusations and accuses Keith Lewin of “continuously” withdrawing “large, unauthorized sums of money from the company” without Brian Lewin’s consent… “notwithstanding the fact that he never worked at Lewin K-9 or provided services to the company since its inception,” according to the court filing. Brian Lewin asks the court to enter a dissolution order that grants him the right to buy out his brother’s shares. The brothers own equal shares in the corporation, according to court papers.
In a lawsuit filed against the Town of Riverhead a few months after he filed the dissolution action, Keith Lewin claims he is the owner of Lewin K-9 Inc. and the operator of the business.
The court filings in the case against the town contain no mention of Brian Lewin, or the action Keith Lewin brought to dissolve the corporation that operates The Puppy Experience.
Both actions remain pending.
The action against the town was brought in November by Lewin K-9 Inc., Keith Lewin individually and by People United to Protect Pet Integrity Inc. — a coalition of pet store owners and members of the pet retail industry opposed to legislation restricting pet store operations. Brian Lewin is not an individual party to the lawsuit.
David Schwartz, attorney for the plaintiffs, said, “The lawsuit against the town was authorized by both brothers and the corporation. The lawsuit you are inquiring about [Ed.: the dissolution action] has nothing to do with the lawsuit against the Town.”
Neither Brian Lewin nor his attorney in the dissolution action responded to telephone inquiries seeking to confirm his participation in the case against the town or his consent to the corporation filing the suit.
In the lawsuit against the town, Keith Lewin says the new pet dealers law would effectively put The Puppy Experience out of business.
“Further, without the income from The Puppy Experience, I will no longer be able to afford the overhead on my premises, which includes annual property taxes and my lease payments which I have personally guaranteed,” Keith Lewin states in the affidavit.
Brothers in lawsuits over Riverhead medical supply business and Mattituck restaurant
The Lewin brothers’ disagreements and court battles extend beyond Lewin K-9. Keith Lewin has filed a petition for corporate dissolution seeking to dissolve Lewin Agency Inc., which does business as Lewin Medical Supply on Oliver Street in Riverhead.
In that action, Keith Lewin makes similar claims of being shut out of business operations and irreconcilable differences with his brother and partner, which he says have resulted in a “hopeless deadlock.” Brian Lewin, for his part, also makes similar claims in that action as he makes in the action regarding Lewin K-9.
Keith Lewin has also filed two other lawsuits against his brother.
One involves a dispute between them over four properties in Riverhead Town purchased by Brian Lewin pursuant to “business agreements” between the brothers giving them each a 50% interest in the real estate, according to Keith Lewin’s complaint.
The other involves North Fork Roadhouse, a restaurant and bar on Sound Avenue in Mattituck, owned by a corporation in which the Lewin brothers and a third man, Jonathan Troyan, are equal shareholders. The three also own a separate company that holds title to the real estate where restaurant is located. In that case, Keith Lewin accuses his brother and Troyan with “breach of fiduciary duty” and other acts of malfeasance, which the defendants deny.
These lawsuits also remain pending, according to online court records.
The survival of local journalism depends on your support.
We are a small family-owned operation. You rely on us to stay informed, and we depend on you to make our work possible. Just a few dollars can help us continue to bring this important service to our community.
Support RiverheadLOCAL today.
