New York Daily News

B’klyn booze beef

Vodka maker’s investors sue ‘tyrannical’ founders

- BYBARBARA ROSS

BROOKLYN’S homegrown Industry City vodka is apparently a lot smoother to drink than to run.

A New Rochelle father and son say in a lawsuit that they put up much of the money to get the artisan booze manufactur­er off the ground but other founders are ruining the company.

Peter Simon and his father, Douglas, are asking in their Manhattan Supreme Court suit for unspecifie­d damages because of “breach of duty” by majority shareholde­rs David Kyrejko and Zachary Bruner.

In court papers, Peter Simon says business with Industry City Distillery and its parent company, The City Foundry, has lagged because of internal conflicts.

He says in the suit that Kyrejko, an engineer who developed a unique fermentati­on and distillati­on process that transforms raw beet sugar into 80 proof vodka, has “a tyrannical personalit­y” that causes employees to leave and distributi­on deals to falter.

“Kyrejko refused to be managed,” Simon, 25, claims.

Simon alleges that Kyrejko last year threatened to destroy the Sunset Park manufactur­ing space and all the equipment and technology in it.

Kyrejko, 29, also told Simon he would never stab him in the back but he might stab him “in the face,” according to court papers.

Simon says he got two distributo­rs — 2 Fly Wines and T. Edwards Wines — committed to buying enough vodka for the company to reach its profit-making level of 4,000 bottles per month.

Simon says he hired someone in the fall of 2012 to work with Kyrejko to increase production, but Kyrejko made that impossible by refusing to share his secret formula with her. Last November, after Simon’s father notified the founder that he intended to turn his $150,000 loan into a 5% stake in the company, Kyrejko and Bruner, 28, came up with their own plan — Simon could run the distillery but the patent for the vodka would go to the foundry, which they would own.

Court papers say that the partners almost had a settlement when Kyrejko and Bruner abruptly changed course two weeks ago and fired Simon. He says in papers that he subsequent­ly discovered they were double crossing him — looking for financing so the foundry could become a competitor to the distillery and make its own booze.

Kyrejko did not respond to calls, but Bruner said, “We’re disappoint­ed with the developmen­t. We look forward to resolving it. We don’t believe the allegation­s have merit.”

Their lawyer, David Feldman, declined to comment.

 ?? Photo by David Handschuh/Daily News ?? Peter Simon (far r.) charges “breach of duty” by Zachary Bruner and David Kyrejko (3rd and 4th from l.).
Photo by David Handschuh/Daily News Peter Simon (far r.) charges “breach of duty” by Zachary Bruner and David Kyrejko (3rd and 4th from l.).
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