Judge Orders Sheriffs to Evict Bagel Buoy; Owners Appeal

Bagel Buoy Market on Bay Street in Sag Harbor. Christine Sampson photo

Bagel Buoy’s owners have appealed a Suffolk County Supreme Court judge’s order to the Suffolk County Sheriffs Department to evict the business from its Bay Street location, and have paid a $147,000 bond that allows them to stay open while their appeal is heard, court records show.

Suffolk County Supreme Court Justice David T. Reilly on June 14 signed an order directing Suffolk County Sheriff Errol D. Toulon Jr. to “deliver the possession of the aforesaid real property” to KKT Sag Harbor Corporation, which owns the building where Bagel Buoy is located.

KKT Sag Harbor Corporation in February filed suit against 3 Bay Street Corporation and Aire-Skylar Corp., which own Bagel Buoy, alleging that numerous county health and safety code infractions constituted violations of the lease. According to court documents, the lease required Bagel Buoy to “keep the premises and all parts thereof neat, clean and orderly” and “promptly remove all waste, rubbish, trash, recyclables and renderings of every kind and nature … and not allow the same to accumulate,” but its landlord claimed that had not been done.

On Monday, Bagel Buoy’s attorney, Anthony Conforti, said the eatery is doing “everything possible” to comply with the terms of the lease. Court records indicate that while KKT Sag Harbor Corporation has declined to accept rent from Bagel Buoy since May, the business has deposited money into a trust account to eventually be handed over to the landlord.

“In his initial decision, the judge gave his opinion that there were certain things that led to apparent violations that were beyond the control of the tenant, in this case my client,” Mr. Conforti said. “It’s a matter for the appeals court.”

However, attorney Alex Kriegsman, representing KKT Sag Harbor Corporation, on Monday said there is no current lease.

“The law in this case is very clear. That is why the judge ruled that Bagel Buoy’s lease is over and ordered the sheriff to remove them,” Mr. Kriegsman said in an email. “That order is stayed pending appeal. But the chances of success on appeal are somewhere between zero and non-existent. Once the appeal is denied, we look forward to having a new tenant that is willing to comply with basic health and safety laws.”