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FILED: NASSAU COUNTY CLERK 03/01/2024 06:05 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 03/01/2024
EXHIBIT K
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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ANDREW OPPENHEIMER, Index No.: 607514/2022
Plaintiff, VERIFIED ANSWER TO
VERIFIED COMPLAINT
-against-
NORTH MERRICK FIRE DEPARTMENT,
NORTH MERRICK FIRE DISTRICT,
MERRICK FIRE DEPARTMENT,
BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD,
THE NEW YORK STATE VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER
FIREMEN’S PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., and PAUL WILDERS,
Defendants.
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Defendants, MERRICK FIRE PROTECTION DISTRICT s/h/a MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT, by
and through their attorneys, GALLO VITUCCI KLAR LLP, answering the Verified Complaint of
Plaintiff, respectfully state and allege, upon information and belief, as follows:
1. Deny any knowledge or information sufficient to form a belief as to the allegations
contained in paragraphs “1”, “3”, “4”, “8”, “9”, “10”, “11”, “12”, “13” and “20” of the Verified
Complaint.
2. Denies in the form alleged each and every allegation contained in paragraph “5” of
the Verified Complaint except admits that upon information and belief, on or about July 10, 2021,
Merrick Fire Protection District s/h/a Merrick Fire Department was and still is a municipal not for
profit domestic corporation duly organized and existing under and by virtue of the laws of the State
of New York.
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3. Denies in the form alleged each and every allegation contained in paragraph “6” of
the Verified Complaint except admits that on or about July 10, 2021 Bellmore Fire Department
was and still is a municipal not for profit domestic corporation duly organized and existing under
and by virtue of the laws of the State of New York.
4. Denies in the form alleged each and every allegation contained in paragraph “7” of
the Verified Complaint except admits that on or about July 10, 2021 Bellmore Fire District was
and still is a municipal not for profit domestic corporation duly organized and existing under and
by virtue of the laws of the State of New York.
5. Deny in the form alleged each and every allegation contained in paragraphs “2”,
“14”, “15”, “16”, “17”, “18”, “19”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”,
“34”, “35”, “36”, “37”, “38”, “39”, “40”, “42”, “52”, “62”, “72”, “73”, “74”, “75”, “76”, “77”,
“78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”, “93”,
“94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “104”, “108, “109”, “110”, “111”, “112”,
“113”, “114”, “115”, “116”, “117”, “118”, “119”, “120” and “121” of the Verified Complaint, and
respectfully refer all questions of law to the Honorable Court at the time of trial of this matter.
6. Deny each and every allegation contained in paragraphs “31”, “32”, “33”, “41”,
“43”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “51”, “53”, “54”, “55”, “56”, “57”, “58”, “59”,
“60”, “61”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “71” and “83” of the Verified
Complaint.
AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION
7. In response to paragraph “122” of the Verified Complaint, Defendants repeats and
reiterates each and every denial hereinbefore made with the same force and effect as though the
same were set forth at length in answer to paragraphs “1” through “121” of the Verified Complaint.
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8. Deny in the form alleged each and every allegation contained in paragraphs “123”,
“124”, “128”, “129”, “130”, “135”, “136”, “137” and “138” of the Verified Complaint, and
respectfully refer all questions of law to the Honorable Court at the time of trial of this matter.
9. Deny each and every allegation contained in paragraphs “131”, “132”, “133” and
“134” of the Verified Complaint.
AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION
10. In response to paragraph “139” of the Verified Complaint, Defendants repeat and
reiterate each and every denial hereinbefore made with the same force and effect as though the
same were set forth at length in answer to paragraphs “1” through “138” of the Verified Complaint.
11. Deny in the form alleged each and every allegation contained in paragraphs “140”,
“141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153”,
“154”, “155”, “156”, “181”, “182”, “183”, “184”, “185”, “186”, “187”, “188”, “189”, “190”,
“191”, “192”, “193”, “194”, “195”, “196”, “197”, “198”, “199”, “200”, “201”, “202”, “203”,
“204”, “205”, “206”, “207”, “208”, “209”, “210”, “211”, “212”, “213”, “214”, “215”, “216”,
“217”, “218”, “219”, and “220” of the Verified Complaint, and respectfully refer all questions of
law to the Honorable Court at the time of trial of this matter.
12. Deny each and every allegation contained in paragraphs “157”, “158”, “159”,
“160”, “161”, “162”, “163”, “164”, “165”, “166”, “167”, “168”, “169”, “170”, “171”, “172”,
“173”, “174”, “175”, “176”, “177”, “178”, “179”, “180”, “221”, “222”, “223”, “224”, “225” and
the “WHEREFORE” paragraph, which appears after paragraph “225” of the Verified Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
13. That any injuries and/or damages sustained by the Plaintiff, as alleged in the
Verified Complaint therein, were caused in whole or in part by the contributory negligence and/or
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culpable conduct of said Plaintiff and not as a result of any contributory negligence and/or culpable
conduct on the part of this answering Defendants.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
14. That by entering into the activity in which the Plaintiff was engaged at the time of
the occurrence set forth in the Verified Complaint, said Plaintiff knew the hazards thereof and the
inherent risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries
and damages were sustained by the Plaintiff herein as alleged in the Verified Complaint arose from
and were caused by reason of such risks voluntarily undertaken by the Plaintiff in his activities
and such risks were assumed and accepted by him in performing and engaging in said activities.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
15. Pursuant to CPLR 4545, if it be determined or established that Plaintiff have
received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be
replaced or indemnified, in whole or in part from any collateral source such as insurance (except
for life insurance), social security (except for those benefits provided under title XVIII of the Social
Security ACT), workers’ compensation or employee benefit programs (except such collateral
source entitled by law to liens against any recovery of the Plaintiff), then and in that event
answering Defendants hereby plead in mitigation of damages the assessment of any such cost or
expense as a collateral source in reduction of the amount of the award by such replacement or
indemnification, minus an amount equal to the premiums paid by the Plaintiff for such benefits for
the two year period immediately preceding the accrual of this action and minus an amount equal
to the projected future cost to the Plaintiff of maintaining such benefits and as otherwise provided
in CPLR 4545.
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AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
16. This action may not be maintained because of the Plaintiff’ failure to join all
necessary parties in this action, and in the absence of person(s) who should be a party this action
cannot proceed.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
17. Answering Defendants are entitled to limitation of liability pursuant to Article 16
of the CPLR.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
18. The Verified Complaint of the Plaintiff fails to state a cause of action, cognizable
in equity or law against the answering Defendants and must therefore be dismissed.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
19. That the action against the answering Defendants cannot be prosecuted due to the
Plaintiff’ failure to name and likewise prosecute an indispensable party to this litigation.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
20. Defendants assert Section 15-108 of the General Obligations Law and will ask the
Court that the Defendants be entitled to a set-off for any settlements, releases or discontinuances.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
21. The injuries and damages alleged, all of which are denied by the answering
Defendants, were caused by the intervening, interceding and superseding acts of third parties not
under the control of answering the Defendants.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
22. A. The accident described in the Verified Complaint did not result in a "serious
injury" to the Plaintiff so defined in and by Section 5102 (d) of the Insurance Law of the State of
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New York. By reason of the premises in Section 5104 of the Insurance Law of the State of New
York, Plaintiff has no right to institute, maintain or prosecute this action and is barred from doing
so.
B. The Plaintiff did not sustain serious injury as defined by Section 5102 (d) of the
Insurance Law of the State of New York, and his exclusive remedy therefore is confined and
limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
23. Any alleged defective condition was open and obvious and therefore should have
been avoided by Plaintiff.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
24. That if the Plaintiff sustained injuries of in the manner alleged, said injuries were
caused by the negligence of parties over whom these answering Defendants were not obligated to
exercise supervision or control.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
25. The Plaintiff failed to mitigate, obviate, diminish, or otherwise act to lessen or
reduce the injuries, damages and disabilities alleged in the Verified Complaint.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
26. The action is barred pursuant to General Municipal Law 205(b).
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
27. The action is barred pursuant to the New York Volunteer Firefighter’s Benefit Law.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
28. The action is barred pursuant to the New York Volunteer Ambulance Workers’
Benefit Law.
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AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
29. Plaintiff’s injuries were caused in whole or in part to his failure to wear a seat belt.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
30. This action is barred by the applicable Statute of Limitations.
AS AND FOR A FIRST CROSS-CLAIM OVER AND AGAINST NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF
HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU
COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM
CAPTAINS ASSOCIATION, INC., and PAUL WILDERS
31. In the event that MERRICK FIRE DEPARTMENT and/or BELLMORE FIRE
DEPARTMENT and/or BELLMORE FIRE DISTRICT herein are held liable for all or any part of
the damages alleged to have been sustained by Plaintiff, as set forth in the Verified Complaint, or
any cross-claims, which liability is expressly denied, such liability will have been brought about
and caused solely as a result of the fault, negligence, acts or omissions, want of care and/or breach
of contract on the part of NORTH MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER
FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU
COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., and PAUL WILDERS, without any fault, negligence or want of care on
the part of MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT or
BELLMORE FIRE DISTRICT herein contributing thereto, and as such, the NORTH MERRICK
FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW
YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND
DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS are liable over to
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MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE
DISTRICT for contribution for the Co-Defendants’ proportionate shares of any judgment or
recovery that Plaintiff may obtain.
AS AND FOR A SECOND CROSS-CLAIM OVER AND AGAINST NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF
HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU
COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM
CAPTAINS ASSOCIATION, INC., and PAUL WILDERS
32. In the event that MERRICK FIRE DEPARTMENT and/or BELLMORE FIRE
DEPARTMENT and/or BELLMORE FIRE DISTRICT are held liable for all or any part of the
damages alleged to have been sustained by Plaintiff, as set forth in the Verified Complaint, or any
cross-claims, which liability is expressly denied, such liability will have been brought about and
caused solely as a result of the fault, negligence, acts or omissions, want of care and/or breach of
contract on the part of NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT,
TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE
AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER
FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL
WILDERS without any fault, negligence or want of care on the part of MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT or BELLMORE FIRE DISTRICT
contributing thereto, and NORTH MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER
FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU
COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., and PAUL WILDERS will be obligated to indemnify MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT for
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common-law indemnification herein against such loss or damages as it may suffer, including
without limitation any judgment entered against MERRICK FIRE DEPARTMENT, BELLMORE
FIRE DEPARTMENT and BELLMORE FIRE DISTRICT and all costs, disbursements, expenses
and attorneys’ fees incurred in the defense of this action, as provided by applicable law.
AS AND FOR A THIRD CROSS-CLAIM OVER AND AGAINST NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF
HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU
COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM
CAPTAINS ASSOCIATION, INC., and PAUL WILDERS
33. Upon information and belief, prior to the date of the occurrence which forms the
basis of Plaintiff’s Verified Complaint, an agreement was entered into between MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT and
NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF
HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL
TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS,
wherein NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF
HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL
TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS were
obligated to obtain liability insurance naming MERRICK FIRE DEPARTMENT, BELLMORE
FIRE DEPARTMENT and BELLMORE FIRE DISTRICT as additional insured parties. NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD,
THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM
CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE
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AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS failed to obtain
or maintain the insurance and therefore, breached their respective obligations to MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT.
Accordingly, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN
OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND
DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER
FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL
WILDERS will be liable to MERRICK FIRE DEPARTMENT, BELLMORE FIRE
DEPARTMENT and BELLMORE FIRE DISTRICT for any such judgment, including costs of
investigation, disbursements, expenses and attorneys’ fees incurred in the defense of this action by
virtue of the breach of obligation to procure or maintain insurance.
WHEREFORE, Defendants MERRICK FIRE DEPARTMENT, BELLMORE FIRE
DEPARTMENT and BELLMORE FIRE DISTRICT demand judgment dismissing the Verified
Complaint, including all claims and cross-claims, or in the event Plaintiff recovers a verdict or
judgment against MERRICK FIRE DEPARTMENT and/or BELLMORE FIRE DEPARTMENT
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and/or BELLMORE FIRE DISTRICT then MERRICK FIRE DEPARTMENT, BELLMORE
FIRE DEPARTMENT and BELLMORE FIRE DISTRICT demand judgment over and against the
parties above-named, together with attorneys’ fees, costs and disbursements of this action.
Dated: Woodbury, New York
August 24, 2022
Yours etc.,
GALLO VITUCCI KLAR LLP
_____________________________
By: Andrew M. Lauri, Esq.
Attorneys for Defendants
Merrick Fire Protection District
s/h/a Merrick Fire Department,
Bellmore Fire Department and
Bellmore Fire District
100 Crossways Park West, Suite 305
Woodbury, New York 11797
(212) 683-7100
File No.: GB.2022005
Email: alauri@gvlaw.com
TO:
Maribel Gomez, Esq.
GREY & GREY, LLP
Attorneys for Plaintiff
Andrew Oppenheimer
360 Main Street
Farmingdale, New York 11735
(516) 249-1342
File #: 21-0039
Email: mgomez@greyandgrey.com
Theodore Goralski, Esq.
BEE READY FISHBEIN HATTER & DONOVAN, LLP
Attorneys for Defendant
Town of Hempstead
170 Old Country Road, Suite 200
Mineola, New York 11501
(516) 746-5599
File No.: 1873-2213
Email: tgoralski@beereadylaw.com
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Richard J. Valent, Esq.
McGAW & ALVENTOSA
Attorneys for Defendants
North Merrick Fire Department
North Merrick Fire District and Paul Wilders
One Jericho Plaza, 2nd Floor, Wing A
Jericho, New York 11753
(516) 822-8900
Our File No.: NYJE 18529
Email: Richard.valent@aig.com
The New York State Volunteer
Fireman’s Parade and Drill Team
Captain’s Association
47 Columbia Street
Mohawk, New York 13407
Nassau County Volunteer Fireman’s Parade
and Drill Team Captain’s Association, Inc.
42 Pine Street
Hicksville, New York 11101
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CLIENT VERIFICATION
STATE OF NEW YORK )
) S.S.:
COUNTY OF f A4 p / )
fft, being duly sworn, deposes and says:
I am the of BELLMORE FIRE DEPARTMENT, Defendant in the
within action. I have read the foregoing Verified Answer With Cross-Claims and know the
contents thereof, and the same are true to my own knowledge, except as to the matters therein
stated to be alleged upon infonnation and belief, and as to those matters I believe them to be.
BELLMORE FIRE DEPARTMENT
By: 7 ,
Name Title
On the day of August, 2022, before me came, TÅ (lp,f (Td rfknown to me or
c/'f
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed same.
NO ARY PUBLIC
KAREN B. WATERMAN
NOTARY PUBLiO-STATE OF NEW YORK
NO 01WA6092198
QUAURED IN NASSAU COUNTY
MY COMMISSION EXPIRES 5-12-20
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CLIENT VERIFICATION
STATE OF NEW YORK )
) S.S.:
COUNTY OF /h
f )
, being duly sworn, deposes and says:
I am the of BELLMORE FIRE DISTRICT, Defendant in the within
action. I have read the foregoing Verified Answer With Cross-Claims and know the contents
thereof, and the same are true to my own knowledge, except as to the matters therein stated to be
alleged upon information and belief, and as to those matters I believe the to be.
BELLMO · . E DISTRICT
Name Title
On the 24 day of August, 2022, before me came, /O dia(d |}0)Ahout¶known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed same.
| {0 d 4/akaxe ;
NOTARY PUBLIC
KAREN B, WATERMAN
NOTARY PUBUC - STATE OF MEW Y0
NO. 0IWA6092190
QUAUSED IN NASSAU COUNTY
MY COMMISSION FXPlflES 5·f 2
20
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CLIENT VERIFICATION
STATE OF NEW YORK )
) S.S.:
COUNTY OF A/A55 /h/
)
.1c 14a/ 4
d , being sworn, deposes and says:
duly
I am the C of the Merrick Fire Protection District s/h/a Merrick Fire
Department, Defendant in the within action. I have read the foregoing Verified Answer With
Cross-Claims and know the contents thereof, and the same are true to my own knowledge,
except as to the matters therein stated to be alleged upon infonnation and belief, and as to those
matters I believe them to be.
Merrick Fire Protection District s/h/a
Merrick Fire Department
Name Title
On the day of August, 2022, before me came, N \\ A \ a ) q , known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed same.
NOTARY PUBLIC
KAREN B. WATERMAN
NUTARY PUBLIC - STATE OF NEW YORX
NO. 01WA6092198
QUALIFIED IN NASSAU COUNTY
MY COMMISSION E)(PIRES 5 12-20d
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AFFIDAVIT OF SERVICE VIA NYSCEF
Claudette Garraud, being duly sworn, deposes and says that she is not a party to the within
256
action, is over the age of 18 years and resides in the County of Queens, and that on the on the
day of August, 2022, served the within VERIFIED ANSWER TO VERIFIED COMPLAINT WITH
CROSS-CLAIMSupon all parties as appearing on the Supreme Court, State of New York Electronic
Filing Website, at the e-mail addresses designated by said parties in this matter for that purpose.
GREY & GREY, LLP
Attorneys for Plaintiff
Andrew Oppenheimer
360 Main Street
Farmingdale, New York 11735
(516) 249-1342
Email: mgomez@greyandgrey.com
BEE READY FISHBEIN HATTER & DONOVAN, LLP
Attorneys for Defendant
Town of Hempstead
170 Old Country Road, Suite 200
Mineola, New York 11501
(516) 746-5599
Email: tgoralski@beereadylaw.com
McGAW & ALVENTOSA
Attorneys for Defendants
North Merrick Fire Department
North Merrick Fire District and Paul Wilders
2nd
One Jericho Plaza, Floor, Wing A
Jericho, New York 11753
(516) 822-8900
Email: Richard.valent@aig.com
Claudette Garraud
Sworn to before me this
256
day of August, 2022
Notary ic
ANTONIO O. SERRA
Notary Public, State of New York
Registration No. 01SE6329674
Qualified in Bronx County
Commission Expires August 31, 2023
16 of 18
FILED: NASSAU COUNTY CLERK 03/01/2024
08/25/2022 06:05
Preview
FILED: NASSAU COUNTY CLERK 03/01/2024 06:05 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 03/01/2024 EXHIBIT K FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X ANDREW OPPENHEIMER, Index No.: 607514/2022 Plaintiff, VERIFIED ANSWER TO VERIFIED COMPLAINT -against- NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. ----------------------------------------------------------------------X Defendants, MERRICK FIRE PROTECTION DISTRICT s/h/a MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT, by and through their attorneys, GALLO VITUCCI KLAR LLP, answering the Verified Complaint of Plaintiff, respectfully state and allege, upon information and belief, as follows: 1. Deny any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “1”, “3”, “4”, “8”, “9”, “10”, “11”, “12”, “13” and “20” of the Verified Complaint. 2. Denies in the form alleged each and every allegation contained in paragraph “5” of the Verified Complaint except admits that upon information and belief, on or about July 10, 2021, Merrick Fire Protection District s/h/a Merrick Fire Department was and still is a municipal not for profit domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 1 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 3. Denies in the form alleged each and every allegation contained in paragraph “6” of the Verified Complaint except admits that on or about July 10, 2021 Bellmore Fire Department was and still is a municipal not for profit domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 4. Denies in the form alleged each and every allegation contained in paragraph “7” of the Verified Complaint except admits that on or about July 10, 2021 Bellmore Fire District was and still is a municipal not for profit domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 5. Deny in the form alleged each and every allegation contained in paragraphs “2”, “14”, “15”, “16”, “17”, “18”, “19”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “42”, “52”, “62”, “72”, “73”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”, “93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “104”, “108, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “117”, “118”, “119”, “120” and “121” of the Verified Complaint, and respectfully refer all questions of law to the Honorable Court at the time of trial of this matter. 6. Deny each and every allegation contained in paragraphs “31”, “32”, “33”, “41”, “43”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “51”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, “60”, “61”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “71” and “83” of the Verified Complaint. AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION 7. In response to paragraph “122” of the Verified Complaint, Defendants repeats and reiterates each and every denial hereinbefore made with the same force and effect as though the same were set forth at length in answer to paragraphs “1” through “121” of the Verified Complaint. 2 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 8. Deny in the form alleged each and every allegation contained in paragraphs “123”, “124”, “128”, “129”, “130”, “135”, “136”, “137” and “138” of the Verified Complaint, and respectfully refer all questions of law to the Honorable Court at the time of trial of this matter. 9. Deny each and every allegation contained in paragraphs “131”, “132”, “133” and “134” of the Verified Complaint. AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION 10. In response to paragraph “139” of the Verified Complaint, Defendants repeat and reiterate each and every denial hereinbefore made with the same force and effect as though the same were set forth at length in answer to paragraphs “1” through “138” of the Verified Complaint. 11. Deny in the form alleged each and every allegation contained in paragraphs “140”, “141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153”, “154”, “155”, “156”, “181”, “182”, “183”, “184”, “185”, “186”, “187”, “188”, “189”, “190”, “191”, “192”, “193”, “194”, “195”, “196”, “197”, “198”, “199”, “200”, “201”, “202”, “203”, “204”, “205”, “206”, “207”, “208”, “209”, “210”, “211”, “212”, “213”, “214”, “215”, “216”, “217”, “218”, “219”, and “220” of the Verified Complaint, and respectfully refer all questions of law to the Honorable Court at the time of trial of this matter. 12. Deny each and every allegation contained in paragraphs “157”, “158”, “159”, “160”, “161”, “162”, “163”, “164”, “165”, “166”, “167”, “168”, “169”, “170”, “171”, “172”, “173”, “174”, “175”, “176”, “177”, “178”, “179”, “180”, “221”, “222”, “223”, “224”, “225” and the “WHEREFORE” paragraph, which appears after paragraph “225” of the Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 13. That any injuries and/or damages sustained by the Plaintiff, as alleged in the Verified Complaint therein, were caused in whole or in part by the contributory negligence and/or 3 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 culpable conduct of said Plaintiff and not as a result of any contributory negligence and/or culpable conduct on the part of this answering Defendants. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 14. That by entering into the activity in which the Plaintiff was engaged at the time of the occurrence set forth in the Verified Complaint, said Plaintiff knew the hazards thereof and the inherent risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were sustained by the Plaintiff herein as alleged in the Verified Complaint arose from and were caused by reason of such risks voluntarily undertaken by the Plaintiff in his activities and such risks were assumed and accepted by him in performing and engaging in said activities. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 15. Pursuant to CPLR 4545, if it be determined or established that Plaintiff have received or with reasonable certainty shall receive the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be replaced or indemnified, in whole or in part from any collateral source such as insurance (except for life insurance), social security (except for those benefits provided under title XVIII of the Social Security ACT), workers’ compensation or employee benefit programs (except such collateral source entitled by law to liens against any recovery of the Plaintiff), then and in that event answering Defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a collateral source in reduction of the amount of the award by such replacement or indemnification, minus an amount equal to the premiums paid by the Plaintiff for such benefits for the two year period immediately preceding the accrual of this action and minus an amount equal to the projected future cost to the Plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545. 4 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 16. This action may not be maintained because of the Plaintiff’ failure to join all necessary parties in this action, and in the absence of person(s) who should be a party this action cannot proceed. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 17. Answering Defendants are entitled to limitation of liability pursuant to Article 16 of the CPLR. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 18. The Verified Complaint of the Plaintiff fails to state a cause of action, cognizable in equity or law against the answering Defendants and must therefore be dismissed. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 19. That the action against the answering Defendants cannot be prosecuted due to the Plaintiff’ failure to name and likewise prosecute an indispensable party to this litigation. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 20. Defendants assert Section 15-108 of the General Obligations Law and will ask the Court that the Defendants be entitled to a set-off for any settlements, releases or discontinuances. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 21. The injuries and damages alleged, all of which are denied by the answering Defendants, were caused by the intervening, interceding and superseding acts of third parties not under the control of answering the Defendants. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 22. A. The accident described in the Verified Complaint did not result in a "serious injury" to the Plaintiff so defined in and by Section 5102 (d) of the Insurance Law of the State of 5 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 New York. By reason of the premises in Section 5104 of the Insurance Law of the State of New York, Plaintiff has no right to institute, maintain or prosecute this action and is barred from doing so. B. The Plaintiff did not sustain serious injury as defined by Section 5102 (d) of the Insurance Law of the State of New York, and his exclusive remedy therefore is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 23. Any alleged defective condition was open and obvious and therefore should have been avoided by Plaintiff. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 24. That if the Plaintiff sustained injuries of in the manner alleged, said injuries were caused by the negligence of parties over whom these answering Defendants were not obligated to exercise supervision or control. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 25. The Plaintiff failed to mitigate, obviate, diminish, or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the Verified Complaint. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 26. The action is barred pursuant to General Municipal Law 205(b). AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 27. The action is barred pursuant to the New York Volunteer Firefighter’s Benefit Law. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 28. The action is barred pursuant to the New York Volunteer Ambulance Workers’ Benefit Law. 6 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 29. Plaintiff’s injuries were caused in whole or in part to his failure to wear a seat belt. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 30. This action is barred by the applicable Statute of Limitations. AS AND FOR A FIRST CROSS-CLAIM OVER AND AGAINST NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS 31. In the event that MERRICK FIRE DEPARTMENT and/or BELLMORE FIRE DEPARTMENT and/or BELLMORE FIRE DISTRICT herein are held liable for all or any part of the damages alleged to have been sustained by Plaintiff, as set forth in the Verified Complaint, or any cross-claims, which liability is expressly denied, such liability will have been brought about and caused solely as a result of the fault, negligence, acts or omissions, want of care and/or breach of contract on the part of NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, without any fault, negligence or want of care on the part of MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT or BELLMORE FIRE DISTRICT herein contributing thereto, and as such, the NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS are liable over to 7 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT for contribution for the Co-Defendants’ proportionate shares of any judgment or recovery that Plaintiff may obtain. AS AND FOR A SECOND CROSS-CLAIM OVER AND AGAINST NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS 32. In the event that MERRICK FIRE DEPARTMENT and/or BELLMORE FIRE DEPARTMENT and/or BELLMORE FIRE DISTRICT are held liable for all or any part of the damages alleged to have been sustained by Plaintiff, as set forth in the Verified Complaint, or any cross-claims, which liability is expressly denied, such liability will have been brought about and caused solely as a result of the fault, negligence, acts or omissions, want of care and/or breach of contract on the part of NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS without any fault, negligence or want of care on the part of MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT or BELLMORE FIRE DISTRICT contributing thereto, and NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS will be obligated to indemnify MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT for 8 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 common-law indemnification herein against such loss or damages as it may suffer, including without limitation any judgment entered against MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT and all costs, disbursements, expenses and attorneys’ fees incurred in the defense of this action, as provided by applicable law. AS AND FOR A THIRD CROSS-CLAIM OVER AND AGAINST NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS 33. Upon information and belief, prior to the date of the occurrence which forms the basis of Plaintiff’s Verified Complaint, an agreement was entered into between MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT and NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, wherein NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS were obligated to obtain liability insurance naming MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT as additional insured parties. NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE 9 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS failed to obtain or maintain the insurance and therefore, breached their respective obligations to MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT. Accordingly, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS will be liable to MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT for any such judgment, including costs of investigation, disbursements, expenses and attorneys’ fees incurred in the defense of this action by virtue of the breach of obligation to procure or maintain insurance. WHEREFORE, Defendants MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT demand judgment dismissing the Verified Complaint, including all claims and cross-claims, or in the event Plaintiff recovers a verdict or judgment against MERRICK FIRE DEPARTMENT and/or BELLMORE FIRE DEPARTMENT 10 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 and/or BELLMORE FIRE DISTRICT then MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT demand judgment over and against the parties above-named, together with attorneys’ fees, costs and disbursements of this action. Dated: Woodbury, New York August 24, 2022 Yours etc., GALLO VITUCCI KLAR LLP _____________________________ By: Andrew M. Lauri, Esq. Attorneys for Defendants Merrick Fire Protection District s/h/a Merrick Fire Department, Bellmore Fire Department and Bellmore Fire District 100 Crossways Park West, Suite 305 Woodbury, New York 11797 (212) 683-7100 File No.: GB.2022005 Email: alauri@gvlaw.com TO: Maribel Gomez, Esq. GREY & GREY, LLP Attorneys for Plaintiff Andrew Oppenheimer 360 Main Street Farmingdale, New York 11735 (516) 249-1342 File #: 21-0039 Email: mgomez@greyandgrey.com Theodore Goralski, Esq. BEE READY FISHBEIN HATTER & DONOVAN, LLP Attorneys for Defendant Town of Hempstead 170 Old Country Road, Suite 200 Mineola, New York 11501 (516) 746-5599 File No.: 1873-2213 Email: tgoralski@beereadylaw.com 11 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 Richard J. Valent, Esq. McGAW & ALVENTOSA Attorneys for Defendants North Merrick Fire Department North Merrick Fire District and Paul Wilders One Jericho Plaza, 2nd Floor, Wing A Jericho, New York 11753 (516) 822-8900 Our File No.: NYJE 18529 Email: Richard.valent@aig.com The New York State Volunteer Fireman’s Parade and Drill Team Captain’s Association 47 Columbia Street Mohawk, New York 13407 Nassau County Volunteer Fireman’s Parade and Drill Team Captain’s Association, Inc. 42 Pine Street Hicksville, New York 11101 12 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 53 13 RECEIVED NYSCEF: 03/01/2024 08/25/2022 CLIENT VERIFICATION STATE OF NEW YORK ) ) S.S.: COUNTY OF f A4 p / ) fft, being duly sworn, deposes and says: I am the of BELLMORE FIRE DEPARTMENT, Defendant in the within action. I have read the foregoing Verified Answer With Cross-Claims and know the contents thereof, and the same are true to my own knowledge, except as to the matters therein stated to be alleged upon infonnation and belief, and as to those matters I believe them to be. BELLMORE FIRE DEPARTMENT By: 7 , Name Title On the day of August, 2022, before me came, TÅ (lp,f (Td rfknown to me or c/'f proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same. NO ARY PUBLIC KAREN B. WATERMAN NOTARY PUBLiO-STATE OF NEW YORK NO 01WA6092198 QUAURED IN NASSAU COUNTY MY COMMISSION EXPIRES 5-12-20 13 of 18 FILED: FILED: NASSAU COUNTY NASSAU COUNTY CLERK CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX INDEX NO. NO. 607514/2022 607514/2022 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 53 13 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/01/2024 08/25/2022 CLIENT VERIFICATION STATE OF NEW YORK ) ) S.S.: COUNTY OF /h f ) , being duly sworn, deposes and says: I am the of BELLMORE FIRE DISTRICT, Defendant in the within action. I have read the foregoing Verified Answer With Cross-Claims and know the contents thereof, and the same are true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe the to be. BELLMO · . E DISTRICT Name Title On the 24 day of August, 2022, before me came, /O dia(d |}0)Ahout¶known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same. | {0 d 4/akaxe ; NOTARY PUBLIC KAREN B, WATERMAN NOTARY PUBUC - STATE OF MEW Y0 NO. 0IWA6092190 QUAUSED IN NASSAU COUNTY MY COMMISSION FXPlflES 5·f 2 20 14 of 18 FILED: FILED : NASSAU COUNTY NASSAU COUNTY CLERK CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX INDEX NO. NO. 607514/2022 607514/2022 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 53 13 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/01/2024 08/25/2022 CLIENT VERIFICATION STATE OF NEW YORK ) ) S.S.: COUNTY OF A/A55 /h/ ) .1c 14a/ 4 d , being sworn, deposes and says: duly I am the C of the Merrick Fire Protection District s/h/a Merrick Fire Department, Defendant in the within action. I have read the foregoing Verified Answer With Cross-Claims and know the contents thereof, and the same are true to my own knowledge, except as to the matters therein stated to be alleged upon infonnation and belief, and as to those matters I believe them to be. Merrick Fire Protection District s/h/a Merrick Fire Department Name Title On the day of August, 2022, before me came, N \\ A \ a ) q , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same. NOTARY PUBLIC KAREN B. WATERMAN NUTARY PUBLIC - STATE OF NEW YORX NO. 01WA6092198 QUALIFIED IN NASSAU COUNTY MY COMMISSION E)(PIRES 5 12-20d 15 of 18 FILED: FILED : NASSAU COUNTY NASSAU COUNTY CLERK CLERK 03/01/2024 08/25/2022 06:05 12:09 PM INDEX INDEX NO. NO. 607514/2022 607514/2022 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 53 13 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/01/2024 08/25/2022 AFFIDAVIT OF SERVICE VIA NYSCEF Claudette Garraud, being duly sworn, deposes and says that she is not a party to the within 256 action, is over the age of 18 years and resides in the County of Queens, and that on the on the day of August, 2022, served the within VERIFIED ANSWER TO VERIFIED COMPLAINT WITH CROSS-CLAIMSupon all parties as appearing on the Supreme Court, State of New York Electronic Filing Website, at the e-mail addresses designated by said parties in this matter for that purpose. GREY & GREY, LLP Attorneys for Plaintiff Andrew Oppenheimer 360 Main Street Farmingdale, New York 11735 (516) 249-1342 Email: mgomez@greyandgrey.com BEE READY FISHBEIN HATTER & DONOVAN, LLP Attorneys for Defendant Town of Hempstead 170 Old Country Road, Suite 200 Mineola, New York 11501 (516) 746-5599 Email: tgoralski@beereadylaw.com McGAW & ALVENTOSA Attorneys for Defendants North Merrick Fire Department North Merrick Fire District and Paul Wilders 2nd One Jericho Plaza, Floor, Wing A Jericho, New York 11753 (516) 822-8900 Email: Richard.valent@aig.com Claudette Garraud Sworn to before me this 256 day of August, 2022 Notary ic ANTONIO O. SERRA Notary Public, State of New York Registration No. 01SE6329674 Qualified in Bronx County Commission Expires August 31, 2023 16 of 18 FILED: NASSAU COUNTY CLERK 03/01/2024 08/25/2022 06:05