On June 11, 2021 a
Party Statement
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. 16 RECEIVED NYSCEF: 12/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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NICHOLAS DASSLER,
Plaintiff, Index No: 611178/2021
-against
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
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STATEMENT OF FACTS
Pursuant to Section 208-g(a) of the Uniform Rules for The New York Trial Courts,
Plaintiff sets forth the foregoing Statement of Facts in support of the within motion for summary
judgment and further submits that there are no issues of fact with respect to the following:
1. The Plaintiff and Defendant were involved in a motor vehicle accident on
December 8, 2020.
2. The accident occurred at approximately 11:17 PM.
3. The accident happened on Deer Park Rd. approximately one-half mile south of
Half Hollow Rd. in the Town of Huntington.
4. Deer Park Road is a two-way road accommodating both northbound and
southbound travel.
5. There are two lanes for moving traffic in each direction.
6. The lanes of traffic in each direction are separated by painted broken lines.
7. The Plaintiff was operating a Hyundai four door sedan at the time of the accident.
8. The Defendant was operating a tractor trailer at the time of the accident.
9. The Plaintiff was occupying the right-hand lane of travel and proceeding
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FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/07/2021
northbound at the time of the accident.
10. The Defendant was occupying the left-hand lane of travel and proceeding
northbound at the time of the accident.
11. Both vehicles were moving at the time of the accident.
12. The Defendant attempted to move from the left-hand lane into the right-hand lane
which was occupied by the Plaintiff.
13. The passenger side of the Defendants’ vehicle came in contact with the driver’s
side of the Plaintiff’s vehicle.
14. The impact occurred while the Plaintiff was still occupying the right-hand lane of
travel.
15. The Police Accident Report documents that the Defendant stated to the
responding officer that he believed that the right lane was clear and that he struck the Plaintiff’s
vehicle when switching lanes.
DATED: Holtsville, New York
December 6, 2021
ROSENBERG & GLUCK, LLP
Attorneys for Plaintiff
1176 Portion Road
Holtsville, NY 11742
(631) 451-7900
2 of 2
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. 16 RECEIVED NYSCEF: 12/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------------------X NICHOLAS DASSLER, Plaintiff, Index No: 611178/2021 -against DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. -----------------------------------------------------------------X STATEMENT OF FACTS Pursuant to Section 208-g(a) of the Uniform Rules for The New York Trial Courts, Plaintiff sets forth the foregoing Statement of Facts in support of the within motion for summary judgment and further submits that there are no issues of fact with respect to the following: 1. The Plaintiff and Defendant were involved in a motor vehicle accident on December 8, 2020. 2. The accident occurred at approximately 11:17 PM. 3. The accident happened on Deer Park Rd. approximately one-half mile south of Half Hollow Rd. in the Town of Huntington. 4. Deer Park Road is a two-way road accommodating both northbound and southbound travel. 5. There are two lanes for moving traffic in each direction. 6. The lanes of traffic in each direction are separated by painted broken lines. 7. The Plaintiff was operating a Hyundai four door sedan at the time of the accident. 8. The Defendant was operating a tractor trailer at the time of the accident. 9. The Plaintiff was occupying the right-hand lane of travel and proceeding 1 of 2 FILED: SUFFOLK COUNTY CLERK 12/07/2021 09:22 AM INDEX NO. 611178/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/07/2021 northbound at the time of the accident. 10. The Defendant was occupying the left-hand lane of travel and proceeding northbound at the time of the accident. 11. Both vehicles were moving at the time of the accident. 12. The Defendant attempted to move from the left-hand lane into the right-hand lane which was occupied by the Plaintiff. 13. The passenger side of the Defendants’ vehicle came in contact with the driver’s side of the Plaintiff’s vehicle. 14. The impact occurred while the Plaintiff was still occupying the right-hand lane of travel. 15. The Police Accident Report documents that the Defendant stated to the responding officer that he believed that the right lane was clear and that he struck the Plaintiff’s vehicle when switching lanes. DATED: Holtsville, New York December 6, 2021 ROSENBERG & GLUCK, LLP Attorneys for Plaintiff 1176 Portion Road Holtsville, NY 11742 (631) 451-7900 2 of 2