Amazon, alleged dog thieves face suit in abduction of Shih Tzu

Amazon is being sued by a Suffolk woman who says a Nassau man working for the e-commerce giant stole her 11-year-old Shih Tzu — and used his Amazon truck as the getaway vehicle.

The suit, filed in Suffolk County Supreme Court on Oct. 22 by the Bay Shore law firm Siben & Siben LLP, seeks unspecified monetary damages from Amazon and defendants James M. Zweidinger and Crystal J. Fass, both of Massapequa Park, stemming from the abduction of the dog, named Bella, from outside a Ronkonkoma home on Dec. 18. The dog was returned to owner Fortuna Feliciano, plaintiff in the case, last Christmas — a return negotiated in part by the Suffolk SPCA.

Zweidinger and Fass were charged in September after what Suffolk SPCA Chief Roy Gross called an "intensive" investigation that included obtaining video surveillance evidence. Gross told Newsday the "SPCA continued to build a case, leaving no stone unturned."

Zweidinger was charged with petit larceny and court records show he is due back in court Nov. 23, having been released on his own recognizance. Records show Fass was charged with fifth-degree criminal possession of stolen property and is due back in court Monday.

Amazon declined to answer questions regarding the lawsuit and would not say what action, if any, it had taken with regard to Zweidinger.

Amazon spokeswoman Leah Seay issued a statement that read: "Amazon has a long-standing practice of not commenting on pending litigation."

The listed attorney of record in the criminal case against Zweidinger, Richard Pellegrino of Laurel, on Wednesday said: "I do not do civil law so I would not represent anyone in any civil lawsuit." Pellegrino refused to even confirm he still represented Zweidinger in the criminal proceedings, telling Newsday: "I know who you are referring to, but I do not make comments on any cases."

A receptionist at the law office of attorney Christopher Joseph Cassar confirmed he represented Fass, but Cassar did not respond to a request for comment.

The SPCA initially offered a $2,000 reward for the return of Bella and Gross said a caller told investigators "a jogger" had "picked up" the dog — a claim both the SPCA and attorney Andrew Siben said later proved untrue.

Gross said SPCA investigators were able to locate the dog, which was microchipped and wearing ID tags that included a phone number, after finding surveillance footage showing the abduction and theft.

The suit alleges Amazon was "careless, reckless and negligent" in its "management, supervision and control" of the "tractor and/or trailer" alleged to have been operated by Zweidinger when Bella was snatched in December and alleges Amazon was negligent in the "hiring and/or retention" of Zweidinger.

It also alleges the e-commerce giant was negligent for "failing to properly train its employees" and for "failing to adhere to proper protocols and guidelines so that its employees would not engage in dangerous and/or violent conduct," as well as for its failure to monitor "the behavior" of its employees.

By John Valenti

john.valenti@newsday.com

John Valenti, a reporter at Newsday since 1981, has been honored nationally by the Associated Press and Society of the Silurians for investigative, enterprise and breaking news reporting, as well as column writing, and is the author of “Swee'pea,” a book about former New York playground basketball star Lloyd Daniels. Valenti is featured in the Emmy Award-winning ESPN 30-for-30 film “Big Shot.”