On June 11, 2021 a
Motion-Secondary
was filed
involving a dispute between
Nicholas Dassler,
and
Daniel B. Kremen,
Golden Hawk Llc,
for Torts - Motor Vehicle
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021
EXHIBIT F
FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
X
NICHOLAS DASSLER,
Plaintiffs), AFFIDAVIT
IN SUPPORT
-against-
IndexNo.: 611178/2021
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendant(s).
X
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
NICHOLAS DASSLER, being duly sworn, hereby swears the following under penalties
of perjury:
1. I am the Plaintiff in the within action, and as such am familiar with the facts and
circumstances as are hereinafter set forth.
2. I make this Affidavit in support of a motion for summary judgment on the issue of
liability and to strike several Affirmative Defenses which my lawyer has advised have been raised
by opposing counsel.
3. This case was commenced on my behalf as a result of injuries I sustained in a motor
vehicle collision, which occurred on December 8, 2020.
4. On December 8, 2020 at approximately 11:17 PM, I was the operator of a 2011
Hyundai four door sedan.
5. The vehicle was equipped with a standard three point seat belt harness which I was
wearing at the time of the accident.
FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021
The accident occurred on Deer Park Rd. approximately
one half mile south of Half
6 .
my
Hollow Rd. in the Town of Huntington. I am familiar with this roadway and have operated
.
vehicle on Deer Park Rd. countless times throughout my life
and southbound
7. Deer Park Rd. is a two way road with lanes for both northbound
vehicles.
n. The lanes for
8. At the location of the accident there are two lanes in each directio
each direction are marked by broken painted lines in the paveme
nt.
lane proceeding
9. On the evening of the accident, I was traveling in the right hand
straight in the northbound direction.
, having entered
10. I had been traveling in the right northbound lane for several miles
the roadway from Long Island Avenue. I remained in the right hand lane the entire time that I was
Traffic conditions were
on Deer Park Rd. and was moving with traffic at the posted speed limit.
light.
und
11 . Prior to the accident, I observed a large tractor trailer occupying the left northbo
lane immediately adjacent to the travel lane I was occupying.
12. As I continued in my lane of travel, the operator of the tractor trailer suddenly and
without warning attempted to switch into the lane I was occupying.
13. I was side by side with the tractor trailer when this vehicle attempted to move into
the lane I was occupying.
14. My first indication of an accident was when I heard and felt the impact to the
driver’s side of my vehicle. I was entirely in the right travel lane when the impact occurred.
Following the impact, the truck continued to drag my car down the road. There was no way for
FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021
me to have avoided the impact from the tractor trailer. After the accident I observed damage to
the entire length of my vehicle on the driver’s side.
15. After the accident, the police came to the scene. While I was present, the driver of
the truck reported that he thought the right lane was unoccupied and that he did not see my vehicle
before he attempted to change lanes.
16. For all of these reasons, I join with my attorney’s motion which seeks summary
judgment on my behalf.
Dated: Holtsville, New York
October 29, 2021
Nicholas Dassler
Sworn to befo
day of ^ ,
202J
Notary Public/
CARLA. DOTERO
NOTARY PUBLIC ,
ID No. 01STATE OFNEW YORK
DQ6216366
QUALIFIEDINSUFFOLK
COMMISSIONEXPIRES COUNTY
1/11/20
/
Document Filed Date
December 07, 2021
Case Filing Date
June 11, 2021
Category
Torts - Motor Vehicle
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Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021 EXHIBIT F FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X NICHOLAS DASSLER, Plaintiffs), AFFIDAVIT IN SUPPORT -against- IndexNo.: 611178/2021 DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendant(s). X STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) NICHOLAS DASSLER, being duly sworn, hereby swears the following under penalties of perjury: 1. I am the Plaintiff in the within action, and as such am familiar with the facts and circumstances as are hereinafter set forth. 2. I make this Affidavit in support of a motion for summary judgment on the issue of liability and to strike several Affirmative Defenses which my lawyer has advised have been raised by opposing counsel. 3. This case was commenced on my behalf as a result of injuries I sustained in a motor vehicle collision, which occurred on December 8, 2020. 4. On December 8, 2020 at approximately 11:17 PM, I was the operator of a 2011 Hyundai four door sedan. 5. The vehicle was equipped with a standard three point seat belt harness which I was wearing at the time of the accident. FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021 The accident occurred on Deer Park Rd. approximately one half mile south of Half 6 . my Hollow Rd. in the Town of Huntington. I am familiar with this roadway and have operated . vehicle on Deer Park Rd. countless times throughout my life and southbound 7. Deer Park Rd. is a two way road with lanes for both northbound vehicles. n. The lanes for 8. At the location of the accident there are two lanes in each directio each direction are marked by broken painted lines in the paveme nt. lane proceeding 9. On the evening of the accident, I was traveling in the right hand straight in the northbound direction. , having entered 10. I had been traveling in the right northbound lane for several miles the roadway from Long Island Avenue. I remained in the right hand lane the entire time that I was Traffic conditions were on Deer Park Rd. and was moving with traffic at the posted speed limit. light. und 11 . Prior to the accident, I observed a large tractor trailer occupying the left northbo lane immediately adjacent to the travel lane I was occupying. 12. As I continued in my lane of travel, the operator of the tractor trailer suddenly and without warning attempted to switch into the lane I was occupying. 13. I was side by side with the tractor trailer when this vehicle attempted to move into the lane I was occupying. 14. My first indication of an accident was when I heard and felt the impact to the driver’s side of my vehicle. I was entirely in the right travel lane when the impact occurred. Following the impact, the truck continued to drag my car down the road. There was no way for FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2021 me to have avoided the impact from the tractor trailer. After the accident I observed damage to the entire length of my vehicle on the driver’s side. 15. After the accident, the police came to the scene. While I was present, the driver of the truck reported that he thought the right lane was unoccupied and that he did not see my vehicle before he attempted to change lanes. 16. For all of these reasons, I join with my attorney’s motion which seeks summary judgment on my behalf. Dated: Holtsville, New York October 29, 2021 Nicholas Dassler Sworn to befo day of ^ , 202J Notary Public/ CARLA. DOTERO NOTARY PUBLIC , ID No. 01STATE OFNEW YORK DQ6216366 QUALIFIEDINSUFFOLK COMMISSIONEXPIRES COUNTY 1/11/20 /