Judge dismisses lawsuits against Riverhead Town in deadly 2021 fire

Riverhead Town has avoided liability in one of the deadliest fires in its history after a state Supreme Court judge dismissed two wrongful death lawsuits last week stemming from a 2021 blaze that killed five people.

The March 13 ruling means the town will not face trial in the cases, though claims against the property owner, Carmela Cannella, remain.

The estates of two of the victims filed complaints in Suffolk County Supreme Court in 2023 against Ms. Cannella and Riverhead Town over the inferno at a century-old home on East Second Street on Nov. 16, 2021. Both legal actions alleged the town failed to properly inspect the premises, ensure fire safety systems were in place and enforce code violations against Ms. Cannella in the weeks preceding the blaze.

The plaintiffs asserted Ms. Cannella was “negligent, careless and reckless” in failing to renew rental permits for the apartments. The complaint also charged that Ms. Cannella failed to maintain smoke detectors or fire alarms, and neglected to provide an emergency exit for the third-floor residents in the event of a fire. 

Riverhead Town officials submitted evidence showing that after Ms. Cannella’s last rental permit for the property expired on March 7, 2020, the town did not receive a renewal application for the property. Three separate rental verification checks were performed by town inspectors in the three weeks before the fire, the last one being Oct. 7, 2021, court documents said. This final check was to confirm whether the home was still being rented.

Code enforcement officials issued three criminal summonses, citing Ms. Cannella for failure to secure rental permits for the apartments. The Riverhead News-Review previously reported that when code enforcement officers went to serve the summonses, Ms. Cannella was never found at her home. The summonses were ultimately affixed to the front door, and copies were sent to her by first-class mail.

The plaintiffs argued the code enforcement officers’ understood that by initiating the rental permit processes, their “failure to act” left the tenants “exposed to life safety hazards.” The complaint also alleged that direct contact was made with the tenants and the owner.

Judge Alison Napolitano sided with the town’s argument that it was acting in a governmental capacity at the time of the fire, not a proprietary one. Additionally, it was determined the town had no special legal obligation to protect the victims beyond its responsibility to protect the general public.

In both lawsuits, Judge Napolitano determined there was no “indication” or “proof” the town made “any promises or took any actions” that could be seen as a legal responsibility to help the deceased.

“The fire and loss of life it caused was tragic, but I have been consistent in stating that assigning fault to the Town would be inappropriate and not supported by law,” town attorney Erik Howard said in an email on Wednesday. “Imposing a special duty upon the Town would effectively make the Town and Code Enforcement affirmatively responsible for the interior safety of rental units on a continuous and uninterrupted basis.  Such a responsibility would be impossible to administer. The Court’s determination confirms that liability, if any, lies with the owner of the property.”

Those killed in the three-story private home were Zonia Dinora Rivera Mendoza; her children Carlos Cifredo Penate Rivera, 25, and Andrea Isamar Gonzalez Rivera, 16; and her nephews Duglass Edgardo Rivera Aguirre, 27, and Carlos Alberto Ramos Aguirre, 24. 

The family members lived in the third-floor apartment and were all natives of Guatemala. Police confirmed in the spring of 2022 that the fire was started by a cigarette and quickly consumed the front portion of the house when a pretzel container used to dispose of cigarette butts ignited. The flames quickly spread to a nearby wicker couch on the porch, then ignited the wood shingles and ultimately the structure itself, according to the 36-page police report. 

Mr. Howard said following the tragedy, Riverhead Town enhanced rental safety protocols by prohibiting third-floor rental units without fire sprinklers, proof of homeowner’s or other liability insurance and an additional means of egress.

Town officials also passed a local law that reduced the length of rental permits from two years to one, allowing for annual safety inspections of rental properties.