On June 09, 2022 a
Party Statement
was filed
involving a dispute between
Andrew Oppenheimer,
and
Bellmore Fire Department,
Bellmore Fire District,
Merrick Fire Department,
Nassau County Volunteer Firemens Parade And Drill Team Captains Association, Inc.,
North Merrick Fire Department,
North Merrick Fire District,
Paul Wilders,
The New York State Volunteer Firemen'S Parade And Drill Team Captains Association, Inc.,
Town Of Hempstead,
for Torts - Other Negligence (Premises & Motor Vehicle)
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 04/23/2024 11:17 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
- - --.--- . - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - _Ç
ANDREW OPPENHEIMER,
Plaintiff, Index No.: 607514/2022
-against-
NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT, DEFENDANT'S
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, STATEMENT OF
THE NEW YORK STATE VOLUNTEER FIREMEN'S MATERIAL FACTS
PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER
FIREMENS PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., and PAUL WILDERS,
Defendants.
- - - - - - ----------------------- - - - - - - - - - - - - X
STATE OF NEW YORK )
) ss:
COUNTY OF NASSAU )
PAUL T. TOSCANO, Esq., an attorney admitted to practice in the Court of this State,
hereby affirms the following to be true under the penalties of perjury that:
1. Plaintiff Andrew Oppenheimer alleges that he was working as a volunteer
emergency medical technician for the North Bellmore Fire District at the Four Towns Firefighting
Training Center during a competition known as the Nassau County Drill Competition, at the time
of their accident. Exhibit "A", para. 3.
2. Plaintiff Oppenheimer testified at his General Municipal Law §50-h hearing and
deposition that he was inside the rear of a North Bellmore Fire District ambulance when an impact
occurred causing his alleged accident and injuries. Exhibit "B", p. 6-7, 26; Exhibit "H", p. 21-22,
62-70.
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FILED: NASSAU COUNTY CLERK 04/23/2024 11:17 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/23/2024
3. Defendant, Town of Hempstead, is a political subdivision which is regularly served
by the ambulance company of which the volunteer ambulance worker(s) is a member. Exhibit "D",
p. 29, para. 241.
4. The North Bellmore Fire District serves the North Bellmore municipal area as well
as portions of Bellmore, East Meadow, North Merrick, and Wantagh.
5. In light of the above and the facts at hand, the action should be respectively
dismissed.
Dated: Mineola, New York
April 23, 2024
BEE READ LAW GROUP, LLP
Paul T. Toscano, Esq.
Attorneys for Defendants
170 Old Country Road, Suite 200
Mineola, NY 11501
(516) 746-5599
File No.: 1873-2213/1873-2217
TO:
Grey & Grey, LLP
Attorneys for Plaintiffs
ANDREW OPPENHEIMER and
VINU JACOB
360 Main Street
Farmingdale, NY 11735
Gallo Vuticci Klar, LLP
Attorney 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, NY 11797
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FILED: NASSAU COUNTY CLERK 04/23/2024 11:17 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/23/2024
Hannum Feretic Prendergast & Merlino, LLC
Attorney for Defendants
NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK
FIRE DISTRICT, and PAUL WILDERS
55 Broadway, Suite 202
New York, NY 10006
Non-appearing parties
THE NEW YORK STATE VOLUNTEER FIREMEN'S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION,
INC.
47 Columbia Street
Mohawk, NY 13407
NASSAU COUNTY VOLUNTEER FIREMEN'S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION,
INC.
42 Pine Street
Hicksville, NY 11001
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Preview
FILED: NASSAU COUNTY CLERK 04/23/2024 11:17 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - - --.--- . - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - _Ç ANDREW OPPENHEIMER, Plaintiff, Index No.: 607514/2022 -against- NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, DEFENDANT'S BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, STATEMENT OF THE NEW YORK STATE VOLUNTEER FIREMEN'S MATERIAL FACTS PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMENS PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. - - - - - - ----------------------- - - - - - - - - - - - - X STATE OF NEW YORK ) ) ss: COUNTY OF NASSAU ) PAUL T. TOSCANO, Esq., an attorney admitted to practice in the Court of this State, hereby affirms the following to be true under the penalties of perjury that: 1. Plaintiff Andrew Oppenheimer alleges that he was working as a volunteer emergency medical technician for the North Bellmore Fire District at the Four Towns Firefighting Training Center during a competition known as the Nassau County Drill Competition, at the time of their accident. Exhibit "A", para. 3. 2. Plaintiff Oppenheimer testified at his General Municipal Law §50-h hearing and deposition that he was inside the rear of a North Bellmore Fire District ambulance when an impact occurred causing his alleged accident and injuries. Exhibit "B", p. 6-7, 26; Exhibit "H", p. 21-22, 62-70. 1 of 3 FILED: NASSAU COUNTY CLERK 04/23/2024 11:17 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/23/2024 3. Defendant, Town of Hempstead, is a political subdivision which is regularly served by the ambulance company of which the volunteer ambulance worker(s) is a member. Exhibit "D", p. 29, para. 241. 4. The North Bellmore Fire District serves the North Bellmore municipal area as well as portions of Bellmore, East Meadow, North Merrick, and Wantagh. 5. In light of the above and the facts at hand, the action should be respectively dismissed. Dated: Mineola, New York April 23, 2024 BEE READ LAW GROUP, LLP Paul T. Toscano, Esq. Attorneys for Defendants 170 Old Country Road, Suite 200 Mineola, NY 11501 (516) 746-5599 File No.: 1873-2213/1873-2217 TO: Grey & Grey, LLP Attorneys for Plaintiffs ANDREW OPPENHEIMER and VINU JACOB 360 Main Street Farmingdale, NY 11735 Gallo Vuticci Klar, LLP Attorney 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, NY 11797 2 of 3 FILED: NASSAU COUNTY CLERK 04/23/2024 11:17 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/23/2024 Hannum Feretic Prendergast & Merlino, LLC Attorney for Defendants NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, and PAUL WILDERS 55 Broadway, Suite 202 New York, NY 10006 Non-appearing parties THE NEW YORK STATE VOLUNTEER FIREMEN'S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC. 47 Columbia Street Mohawk, NY 13407 NASSAU COUNTY VOLUNTEER FIREMEN'S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC. 42 Pine Street Hicksville, NY 11001 3 of 3