A Maine native and co-founder of New York City-based Big Gay Ice Cream is suing a business partner, alleging mismanagement and fraudulent use of government loans.
Doug Quint, a Pittsfield native, co-founded Big Gay Ice Cream with Bryan Petroff. They opened their first storefront in 2011 in New York City. The brand had seven stores and sold pints in grocery stores nationwide at its height.
Quint, who filed a lawsuit Aug. 25, is suing another partner, Jon Chapski, and Edible Assets LLC, a company in which Chapski is the controlling member. Chapski was made a partner of Big Gay Ice Cream in 2016, according to the lawsuit in New York County Supreme Court.
Quint is asking for $4 million in damages, a jury trial and a full accounting of the company’s finances. Chapski is accused of breaching fiduciary duty, improperly licensing Big Gay Ice Cream intellectual property and receiving value from the company unjustly.
When the storefronts were forced to close during the coronavirus pandemic, Quint had to move back to Pittsfield, where he now works at a Walgreens, he told The New York Times. Petroff works in human resources.
The men want to return to running the ice cream business without Chapski, according to the paper.
When Chapski became a partner, he received 30 percent of the company, while Quint and Petroff retained 35 percent each, the lawsuit said.
Quint and Petroff had final authority and all decision-making power for the creative side of Big Gay Ice Cream, while Chapski was given final authority and all decision-making power for financial matters, according to the contract cited in the lawsuit.
The lawsuit alleges Chapski refused to give Quint updated financial information about the company. Quint was cut off from information about the company and his email access was revoked after he started to question Chapski.
Other issues raised in the lawsuit include Chapski refusing to roll out new ice cream flavors created by Quint, as well as Chapski ignoring creative decisions from Quint. Chapski started recipe development without approval from Quint and Petroff, and sold the Upper West Side storefront without consent.
Petroff is not part of the lawsuit because of the expense but supports Quint, according to The New York Times.
Chapski stopped paying rent for at least four storefronts, leading to eviction proceedings, according to the lawsuit. The company, through various corporate entities, owes at least $1.3 million after the 2022 proceedings.
Quint also owes money individually in some of the eviction proceedings. The lawsuit said Quint was never contacted by any lawyer for the proceedings.
The company also received at least $294,000 of Paycheck Protection Program during the coronavirus pandemic without the knowledge of Quint. The money was not used for business expenses, according to the lawsuit.
The company’s website lists three storefronts. At least one of those locations is closed, according to the lawsuit. No one answered the phone at the Upper West Side location at 3 p.m. Friday. The New York Times reported that only one shop is still open as of Wednesday.
Chapski has not filed a response to the lawsuit. No future court dates are scheduled.