Malloy Sues To Evict Amazon

   Amazon Deck bills itself as an exclusive hotspot for the ultra cool. However, its landlord paints another picture - of tenants who don't pay their rent and of a haven for "hotheads."

   Patrick E. Malloy 3d, who owns the Long Wharf complex that houses the Sag Harbor club, is suing to evict his tenants. He's also suing the Village of Sag Harbor, trying to force it to join the eviction suit.

   Shimon Bokovza, a principal in Kaxinawa Inc., the club's owner, has other problems - he was arrested Monday, by Sag Harbor police, and charged with failing to pay fines related to Fire Code violations alleged by a Southampton fire marshal.

   Mr. Malloy said Mr. Bokovza signed a five-year lease which expires in February but gives the club an option to renew.

Melee Cited

   "There is an eviction proceeding pending," he said this week. "They were running a disco until 3 in the morning." The eviction papers were filed in June.

   Mr. Malloy pointed to what he called a "riot" at the club in the summer of 1995 that left a police officer injured, the Sag Harbor police station vandalized, and several people under arrest.

   A half-dozen men were arrested following the melee, according to police reports, and East Hampton and Southampton police had to aid village police during the episode, which began on the club's deck and spilled onto Long Wharf.

   "Having hotheads there is not conducive to the environment of Sag Harbor," Mr. Malloy said. He drew the village into the matter, he said, because a disco "is against the zoning."

Fire Matters

   "We run as clean an operation as is imaginable," said Andrew Boracci, a spokesman for the club. "They had a little trouble last year," he acknowledged, but last summer's operation ran "very smoothly," he said.

   He was not aware of an eviction proceeding, he added.

   According to Southampton Town Court records, Mr. Bokovza and/or the Yellowfin, his restaurant at the same spot, have been cited several times for alleged fire code violations dating back to 1994.

   His arrest Monday was the result of a warrant issued last February after he allegedly failed to pay $600 in fines. Mr. Bokovza then paid the fines and was released, but is due back in court later this month to answer six charges lodged by fire marshals at the Yellowfin on Aug. 1.

   "They cite you for loose lightbulbs and stuff like that," Mr. Boracci said. "He went in and paid the fine and that's all there is to it."

Legal Or Not?

   William Esseks, Mr. Malloy's attorney, said he filed suit in County Supreme Court in an attempt to force Sag Harbor Village to join his client in the eviction proceedings.

   "It's Mr. Malloy's position that discos are not allowed because they violate the Village Code," Mr. Esseks said. "The suit asks the court to direct the village to enforce the ordinance."

   "Why should we join the suit?" asked Mayor Pierce Hance. "We don't have any violations on file. We told them to come in and file a complaint. Next thing we know we're being sued. We couldn't figure out why."

   Mr. Hance said he was not aware of any violations of the Village Code at the club.

   Yesterday Mr. Boracci made a statement on behalf of the club's ownership. "They have had differences with Mr. Malloy in the past, but as far as we're concerned they are virtually resolved. They plan on being there another five years."

   As far as the hothead label, Mr. Boracci noted that a Big Band East weekly gig drew "middle-aged couples," and that the reggae bands performing outside on weekend afternoons played to "bright, young people."

Marina Hurt?

   In the court papers Mr. Malloy contends that the business was leased for restaurant use, and that the Village Code stipulates "any form of live entertainment or dancing for guests" is prohibited.

   However, bars are also allowed in the Long Wharf area, which is designated as "village business" in the Zoning Code.

   Because Kaxinawa used the prem ises "as a discotheque," Mr. Malloy argued, its lease "has been terminated and it has no legal right to remain in possession" of the site.

   "It's a nice place. We had a very successful season, and I might add a trouble-free season," Mr. Boracci said.

   And although Mr. Malloy also charged the club owner was "not paying the rent," Mr. Boracci said he wasn't aware of any delinquent payments.

   Mr. Malloy said he would prefer an "upscale" restaurant at the Long Wharf site, "a place everyone in the village could enjoy." He said the loud music and late hours at the Amazon adversely affect his other businesses on the Wharf, including the Waterfront Marina.