The Dory, shuttered Shelter Island restaurant, ensnared in ownership dispute, court documents show
The Dory was a fabled restaurant and bar on Shelter Island. Credit: Tom Lambui
The minority owner of The Dory, a now-shuttered Shelter Island restaurant and bar, has filed a lawsuit to block its sale or lease, arguing her former romantic and business partner signed documents promising her the property upon his death.
But the couple ended their relationship in 2011, and John Kiffer, the majority owner of The Dory, later signed a will bequeathing the property to his three brothers following his death, according to the lawsuit, filed last week in state Supreme Court in Suffolk County. He died in October.
Milen Planas, a chef from Manhattan, is seeking a preliminary injunction to block the sale of the property to a real estate developer for $1.7 million and to void a prior lease agreement, according to Adam Glassman, her Lloyd Harbor-based attorney.
"Our argument is that the decedent, notwithstanding his will, made a promise," said Glassman, who declined to say what Planas' plan for the property would be if she's successful in her litigation. "It's a testamentary promise, meaning a promise that would go into effect upon his death. He violated the terms of that contract."
WHAT NEWSDAY FOUND
- The fate of the Shelter Island property once occupied by The Dory, a fabled restaurant and bar, is in limbo following a dispute over who owns the business after the majority owner's recent death.
- Minority owner Milen Planas filed a lawsuit to block the business' sale or lease, arguing that John Kiffer, her former romantic and business partner, signed documents promising her the property upon his death.
- Kiffer, who died in October, signed a new will in 2017 leaving all of his shares in the business to his three brothers — James Kiffer Sr., Jeffery Kiffer and Jerel Kiffer, records show.
John Kiffer's brother James Kiffer was named the executor of his estate. He declined to comment on the dispute, citing the pending litigation.
There are no open violations or building permits for The Dory property, according to Shelter Island Town Attorney Thomas Crouch.
Fabled Shelter Island bar
The case centers on the property formerly occupied by The Dory, which was founded in 1925 and describes itself as the "oldest and most famous continuing water hole on Shelter Island."
The bar closed during the pandemic and after sustaining an August 2021 fire in its kitchen, never reopened.
Jack Kiffer acquired ownership of The Dory in late 2001 or early 2002 after the former owner, Dick Edwards, died and left it to him, records show.
In court papers, Planas said she met John Kiffer in late 2001 while she was working as a server at World Yacht in Manhattan and that they began a romantic relationship the following year.
Planas said they became registered domestic partners in 2009 and together they worked on extensive renovations to the bar in 2002 before it reopened in 2003.
In 2007, the couple signed an agreement that transferred 30% ownership in W.E. Rest Inc., the corporation that owns the restaurant, to Planas, records show. He also signed a will leaving his assets to Planas, documents indicate.
Planas said she later discovered that another business, Dering Creek Corp., owned the property on which The Dory is located.
After negotiations, Kiffer in 2009 signed documents giving Planas a 49% share in both corporations and promised to provide her with his 51% shares in the business and property if she outlived him, the suit contends.
"Jack told me from the very beginning that The Dory would be 'ours' one day and asked me to quit my other job and help him rebuild the restaurant, promising we would become partners," Planas said in an Nov. 27 affidavit. "I relied on this promise and dedicated myself to the project."
Planas, she said, managed The Dory from 2003 through 2011, before the couple split up.
Lease and sale agreements
In 2017, John Kiffer, who died on Oct. 15, signed a new will leaving all of his shares in the two corporations to his three brothers — James Kiffer Sr., Jeffery Kiffer and Jerel Kiffer, records show.
The fate of the East End bar also remains tangled in a pair of complex business arrangements.
In 2022, John Kiffer, without Planas' knowledge, signed a 10-year lease with CXR Hospitality LLC, of Shelter Island. The status of that lease is not clear and CXR did not respond to a request for comment.
The following year, John Kiffer, again without Planas' knowledge, signed an agreement to sell The Dory to Ronald Webb Builder LLC, of East Hampton, for $1.7 million, records show.
Kiffer died before he could close on the sale. Officials with Ronald Webb Builder did not respond to requests for comment.
The sides are due back in court on Dec. 10.
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