A Westchester fish shop has been slapped with a federal lawsuit due to concerns over listeria.

The Manhattan U.S. Attorney's Office says legal action was taken against the Smokehouse of New York in Mamaroneck for repeat findings of listeria.

The shop's co-owner Brett Portier wasn't available to talk on camera, but said in a phone interview that there has been no reported illness in 39 years.  

He says 2 1/2 months ago, the FDA did find listeria - mostly on the floor. Portier says 45 pounds of fish were tested and came up negative. He admits the deadly bacteria was found in one fish in 2011, but says there have not been repeated cases.

The co-owner says the FDA forced the Mamaroneck staple to shut down for 30 days, which the shop might not survive.

“We don’t have the money to sustain that kind of loss,” says Portier."I'm a small family business and I don’t have the capital that these big fish companies do."

He also claims that listeria is often found in raw seafood.

Portier says he understands safety concerns but that he is frustrated that he will likely have to say goodbye.