Preview
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/02/2024
EXHIBIT A
FILED: NASSAU COUNTY CLERK 05/02/2024
03/01/2024 03:13
06:05 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 84
43 RECEIVED NYSCEF: 05/02/2024
03/01/2024
NOTICE OF CLAIM
.---.----------------..Ç
In the Matter of the Claim of
ANDREW OPPENHEIMER
- against -
NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF
HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE
DEPARTMENT and MERRICK FIRE DEPARTMENT
__-----------------_Ç
TO: N Merrick Fire District North Merrick Fire Department
2 95 Camp Avenue 2095 Camp Avenue
orth Merrick, NY 11566 Merrick, NY 11566
Bellmore Fire District Bellmore Fire Department
230 Petitt Avenue 2450 Newbridge Road
Bellmore, NY I 1710 Bellmore, NY 11710
Town of Hempstead Merrick Fire Department
1 Washington Street 1893 Oakland Avenue
Hempstead, NY 11549 Merrick, NY I1566
PLEASE TAKE NOTICE that the undersigned claimant hereby makes claim and demands
against you as follows:
claimants'
1. Name and post office address of each claimant and attorneys is:
Claimant Attorney
Andrew Oppenheimer GREY & GREY, LLP
2424 Joel Drive 360 Main Street
N. Bellmore, NY Farmingdale, NY 1 1735
(516) 249-1342
2. Nature of Claim: The nature of the claim is for severe and permanent personal injuries sustained
by ANDREW OPPENHEIMER and all other damages allowed by statute and case law as a result of
the negligence, carelessness, recklessness and gross negligence of the NORTH MERRICK FIRE
DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK
FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and MERRICK FIRE
DEPARTMENT, agents, its
servants, employees and those acting under its direction, behest,
permission and control
in the ownership, operation, management and control of the premises known
as Four Towns Firemen's Training Center located at 1640 Merrick Road, Merrick, NY 11566 as well
as in the ownership, operation, management and control of a certain motorized vehicle used in a
certain firematic competition held on the aforementioned premises.
3. The time when, the place where and the manner in which the claim arose: The accident
occurred on July 10, 2021 at approximately 1:30 PM at Four Towns Firefighting Training Center.
Claimant ANDREW OPPENHEIMER was working for the North Bellmore Fire District as a
volunteer EMT in a stand by ambulance at the Four Towns Firefighting Training Center during a
competitive event known as the Nassau County Drill Competition.
FILED: NASSAU COUNTY CLERK 05/02/2024
03/01/2024 03:13
06:05 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 84
43 RECEIVED NYSCEF: 05/02/2024
03/01/2024
. .
The accident occurred when the ambulance in which Claimant was an occupant was struck
violently
by a certain motorized vehicle/rig participating in the competition and which was owned by the
NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF
HEMPSTEAD, NORTH MERRICK FIRE ,DEPARTMENT, BELLMORE FIRE
DEPARTMENT and/or MERRICK FIRE DEPARTMENT, and operated by their agents,
servants and/or employees. Said occurrence and the injuries sustained by claimant were due to the
negligence, carelessness and recklessness of the NORTH MERRICK FIRE DISTRICT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT and/or MERRICK FIRE
DEPARTMENT, its agents, servants and/or employees in the ownership, operation, management,
maintenance and control of the aforesaid motorized vehicle/rig; in operating said motorized
vehicle/rig with a total disregard the health,
for safety and welfare
of others; in failing to avoid
contact with claimants ambulance;in failing to timely utilize brakes; in operating said motorized
vehicle/rig at a fast and rate of speed;
excessive in failing to adequately and properly supervise the
operator of said motorized vehicle/rig; in failing to properly and adequately instruct the dnver of said
motorized vehicle/rig; in failing to instruct the driver of said motorized vehicle/rig as to the proper
practices and procedures in the operation of said motorized in failing to train the operator
vehicle/rig;
of said motorized vehicle/rig in the safe operation of said
vehicle/rig; in failing
motorized to mspect
said motorized vehicle/rig; in failing to properly maintain said motor vehicle/rig; in to
failing
properly repair said motorized vehicle/rig; m failing to comply with the rules and/or regulations
goveming the use of said motorized vehicles/rigs; in failing to comply with the rules and/or
regulations governing the competition in which the motorized vehicle/rig was participating in; in
failing to properly investigate employees and potential employees; and NORTH MERRICK FIRE
DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK
FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and/or MERRICK FIRE
DEPARTMENT, its agent, servant, and/or employee were otherwise careless, reckless and
negligent.
FURTHER, said occurrence and the injuries sustained by claimant were due to the
negligence, carelessness and recklessness and gross negligence of the NORTH MERRICK FIRE
DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK
FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and/or MERRICK FIRE
DEPARTMENT, its agents, servants, licensees, contractors, subcontractors, employees and other
affiliates agencies and departments, and those acting under its direction, behest, pennission and
control in the ownership, operation, design, creation, rn anagement, repair, maintenance, contracting,
subcontracting, supervision, authorization, use and control of the aforementioned premises,
specifically the roadway area being used as a racetrack in the aforementioned
in competition,
sponsoring or otherwise permitting an inherently dangerous and reckless activity on its to take place
premises; in failing to ascertain the suitability of the premises for the competition being held on the
premises on the date of the accident; in failing to provide a reasonably safe condition under all
circumstances; in failing to afford reasonable and adequate protection to spectators and/or others in
the area; in failing to erect fences or similar barriers between the roadway/racetrack and the general
public or emergency personnel; in failing to properly maintain said roadway/racetrack; in creating a
dangerous and/or defective condition; in allowing a dangerous/defective condition to exist; in havmg
the proper, legal and adequate notice, written and otherwise and not taking remedial action to
remedy the dangerous/defective condition; in having sufficient time provided by written notice
and/or constructive and/or actual notice and failing to remedy the condition; in allowing the
roadway/racetrack to become
obstructed, cracked, uneven, raised, depressed, missing portions
thereof, deteriorated, in a state of disrepair
and/or and/or improper repair; in failing to inspect said
roadway/racetrack area; in causing, permitting and allowing a trap, hazard and nuisance to be and
exist for an excessive and unreasonable period of time, despite actual and constructive notice; in
failing to take any necessary steps to alleviate said condition; in failing to undertake pro and/or
adequate safety studies and/or surveys; in failing to properly repair said way and
FILED: NASSAU COUNTY CLERK 05/02/2024
03/01/2024 03:13
06:05 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 84
43 RECEIVED NYSCEF: 05/02/2024
03/01/2024
roadway/racetrack area before authorizing its use; in failing to erect barricades, or otherwise restrict
use of aforesaid area to prevent a hazard, trap and nuisance from
endangering the general public and,
more particularly, claimant herein; in permitting and allowing the aforesaid condition to exist on the
roadway/racetrack area thereat; in failing to avoid the aforesaid accident which was foreseeable; and
in being otherwise negligent, careless, reckless and grossly negligent in the premises.
4. Claimant, ANDRE W OPPENHEIMER, sustained severe permanent personal injuries, the full
extent of which are as yet unknown, including but not limited
to, upon information and belief,
fractures of the cervical spine, concussion, back injury, chest pain, vision dysfunction, and
involuntary eye spasms. Claim is for personal injuries, hospital, physician and other medical
expenses, pain and suffering, and all other damages to which claimant is entitled by case law and
statute.
Said claim and demand are hereby presented for adjustment and payment. You are hereby notified
that unless they are adjusted and paid within the time provided by law from the date of presentation
to you, the claimant intends to commence an action in these claims. Claim is made for personal
injuries in a sum exceeding the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
**FURTHER, BY THIS NOTICE IT IS DEMANDED THAT THE
MUNICIPAL/GOVERNMENTAL ENTITIES NAMED ABOVE MAINTAIN, KEEP AND
PRESERVE ALL PHOTOS, VIDEO FOOTAGE, RECORDINGS, BROADCASTS, and
REPORTS AS WELL AS THE REMOVAL FROM USE AND/OR SERVICE AND
PRESERVATION OF THE "MOTORIZED VEHICLE/RIG"
INVOLVED IN THE
SUBJECT ACCIDENT WITHOUT ANY ALTERATIONS, REPAIRS, ADJUSTMENTS OR
MAINTENANCE PERFORMED..
BE ADVISED THAT WITH PEGASUS
IN ACCORDANCE
AVIATION V. VARIG
LOGISTICA S.A., ANY DESTRUCTION
26 N.Y. OR FAILURE
3D 543 TO
(2015),
PRESERVE THE REQUESTED, DEMANDED, OR RESTRICTED EVBENCE WILL
HAVE SERIOUS LEGAL CONSEQUENCES ATTRIBUTABLE TO YOU. **
Dated: Farmingdale, NY
July 23, 2021
AND W OP 1 EI
FILED: NASSAU COUNTY CLERK 05/02/2024
03/01/2024 03:13
06:05 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 84
43 RECEIVED NYSCEF: 05/02/2024
03/01/2024
VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF NASSAU )
ANDREW OPPENHEIMER, being duly sworn, deposes and says that deponent is the above
named claimant; deponent has read the foregoing NOTICE OF CLAIM and knows its contents; the
same is true to deponent's knowledge, except as to those matters stated to be alleged upon
information and belief, and as to those matters deponent believes them to be true.
, ANDREW OP IMER
Swo to before me this
of day of July, 2021.
Otary u 1C
DEBORAH LEE BERLINER
Notary Public, State of New York
No. 4815380, Suffolk County
Commission Expires June 30,
GREY & GREY, LLP
Attorneys for Claimant
ANDREW OPPENHEIMER
360 Main Street
Farmingdale, NY 11735
(516) 249-1342
FILED: NASSAU COUNTY CLERK 05/02/2024
03/01/2024 03:13
06:05 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 84
43 RECEIVED NYSCEF: 05/02/2024
03/01/2024
In the Matter of the Claim of
ANDREW OPPENHEIMER,
-against-
NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF
HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE
DEPARTMENT and MERRICK FIRE DEPARTMENT,
NOTICE OF CLAIM
GREY & GREY, LLP
Attorneys for Claimant
360 Main Street
Farmingdale, NY 11735
(516) 249-1342
TO:
Preview
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/02/2024 EXHIBIT A FILED: NASSAU COUNTY CLERK 05/02/2024 03/01/2024 03:13 06:05 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 84 43 RECEIVED NYSCEF: 05/02/2024 03/01/2024 NOTICE OF CLAIM .---.----------------..Ç In the Matter of the Claim of ANDREW OPPENHEIMER - against - NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and MERRICK FIRE DEPARTMENT __-----------------_Ç TO: N Merrick Fire District North Merrick Fire Department 2 95 Camp Avenue 2095 Camp Avenue orth Merrick, NY 11566 Merrick, NY 11566 Bellmore Fire District Bellmore Fire Department 230 Petitt Avenue 2450 Newbridge Road Bellmore, NY I 1710 Bellmore, NY 11710 Town of Hempstead Merrick Fire Department 1 Washington Street 1893 Oakland Avenue Hempstead, NY 11549 Merrick, NY I1566 PLEASE TAKE NOTICE that the undersigned claimant hereby makes claim and demands against you as follows: claimants' 1. Name and post office address of each claimant and attorneys is: Claimant Attorney Andrew Oppenheimer GREY & GREY, LLP 2424 Joel Drive 360 Main Street N. Bellmore, NY Farmingdale, NY 1 1735 (516) 249-1342 2. Nature of Claim: The nature of the claim is for severe and permanent personal injuries sustained by ANDREW OPPENHEIMER and all other damages allowed by statute and case law as a result of the negligence, carelessness, recklessness and gross negligence of the NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and MERRICK FIRE DEPARTMENT, agents, its servants, employees and those acting under its direction, behest, permission and control in the ownership, operation, management and control of the premises known as Four Towns Firemen's Training Center located at 1640 Merrick Road, Merrick, NY 11566 as well as in the ownership, operation, management and control of a certain motorized vehicle used in a certain firematic competition held on the aforementioned premises. 3. The time when, the place where and the manner in which the claim arose: The accident occurred on July 10, 2021 at approximately 1:30 PM at Four Towns Firefighting Training Center. Claimant ANDREW OPPENHEIMER was working for the North Bellmore Fire District as a volunteer EMT in a stand by ambulance at the Four Towns Firefighting Training Center during a competitive event known as the Nassau County Drill Competition. FILED: NASSAU COUNTY CLERK 05/02/2024 03/01/2024 03:13 06:05 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 84 43 RECEIVED NYSCEF: 05/02/2024 03/01/2024 . . The accident occurred when the ambulance in which Claimant was an occupant was struck violently by a certain motorized vehicle/rig participating in the competition and which was owned by the NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE ,DEPARTMENT, BELLMORE FIRE DEPARTMENT and/or MERRICK FIRE DEPARTMENT, and operated by their agents, servants and/or employees. Said occurrence and the injuries sustained by claimant were due to the negligence, carelessness and recklessness of the NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and/or MERRICK FIRE DEPARTMENT, its agents, servants and/or employees in the ownership, operation, management, maintenance and control of the aforesaid motorized vehicle/rig; in operating said motorized vehicle/rig with a total disregard the health, for safety and welfare of others; in failing to avoid contact with claimants ambulance;in failing to timely utilize brakes; in operating said motorized vehicle/rig at a fast and rate of speed; excessive in failing to adequately and properly supervise the operator of said motorized vehicle/rig; in failing to properly and adequately instruct the dnver of said motorized vehicle/rig; in failing to instruct the driver of said motorized vehicle/rig as to the proper practices and procedures in the operation of said motorized in failing to train the operator vehicle/rig; of said motorized vehicle/rig in the safe operation of said vehicle/rig; in failing motorized to mspect said motorized vehicle/rig; in failing to properly maintain said motor vehicle/rig; in to failing properly repair said motorized vehicle/rig; m failing to comply with the rules and/or regulations goveming the use of said motorized vehicles/rigs; in failing to comply with the rules and/or regulations governing the competition in which the motorized vehicle/rig was participating in; in failing to properly investigate employees and potential employees; and NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and/or MERRICK FIRE DEPARTMENT, its agent, servant, and/or employee were otherwise careless, reckless and negligent. FURTHER, said occurrence and the injuries sustained by claimant were due to the negligence, carelessness and recklessness and gross negligence of the NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and/or MERRICK FIRE DEPARTMENT, its agents, servants, licensees, contractors, subcontractors, employees and other affiliates agencies and departments, and those acting under its direction, behest, pennission and control in the ownership, operation, design, creation, rn anagement, repair, maintenance, contracting, subcontracting, supervision, authorization, use and control of the aforementioned premises, specifically the roadway area being used as a racetrack in the aforementioned in competition, sponsoring or otherwise permitting an inherently dangerous and reckless activity on its to take place premises; in failing to ascertain the suitability of the premises for the competition being held on the premises on the date of the accident; in failing to provide a reasonably safe condition under all circumstances; in failing to afford reasonable and adequate protection to spectators and/or others in the area; in failing to erect fences or similar barriers between the roadway/racetrack and the general public or emergency personnel; in failing to properly maintain said roadway/racetrack; in creating a dangerous and/or defective condition; in allowing a dangerous/defective condition to exist; in havmg the proper, legal and adequate notice, written and otherwise and not taking remedial action to remedy the dangerous/defective condition; in having sufficient time provided by written notice and/or constructive and/or actual notice and failing to remedy the condition; in allowing the roadway/racetrack to become obstructed, cracked, uneven, raised, depressed, missing portions thereof, deteriorated, in a state of disrepair and/or and/or improper repair; in failing to inspect said roadway/racetrack area; in causing, permitting and allowing a trap, hazard and nuisance to be and exist for an excessive and unreasonable period of time, despite actual and constructive notice; in failing to take any necessary steps to alleviate said condition; in failing to undertake pro and/or adequate safety studies and/or surveys; in failing to properly repair said way and FILED: NASSAU COUNTY CLERK 05/02/2024 03/01/2024 03:13 06:05 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 84 43 RECEIVED NYSCEF: 05/02/2024 03/01/2024 roadway/racetrack area before authorizing its use; in failing to erect barricades, or otherwise restrict use of aforesaid area to prevent a hazard, trap and nuisance from endangering the general public and, more particularly, claimant herein; in permitting and allowing the aforesaid condition to exist on the roadway/racetrack area thereat; in failing to avoid the aforesaid accident which was foreseeable; and in being otherwise negligent, careless, reckless and grossly negligent in the premises. 4. Claimant, ANDRE W OPPENHEIMER, sustained severe permanent personal injuries, the full extent of which are as yet unknown, including but not limited to, upon information and belief, fractures of the cervical spine, concussion, back injury, chest pain, vision dysfunction, and involuntary eye spasms. Claim is for personal injuries, hospital, physician and other medical expenses, pain and suffering, and all other damages to which claimant is entitled by case law and statute. Said claim and demand are hereby presented for adjustment and payment. You are hereby notified that unless they are adjusted and paid within the time provided by law from the date of presentation to you, the claimant intends to commence an action in these claims. Claim is made for personal injuries in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction. **FURTHER, BY THIS NOTICE IT IS DEMANDED THAT THE MUNICIPAL/GOVERNMENTAL ENTITIES NAMED ABOVE MAINTAIN, KEEP AND PRESERVE ALL PHOTOS, VIDEO FOOTAGE, RECORDINGS, BROADCASTS, and REPORTS AS WELL AS THE REMOVAL FROM USE AND/OR SERVICE AND PRESERVATION OF THE "MOTORIZED VEHICLE/RIG" INVOLVED IN THE SUBJECT ACCIDENT WITHOUT ANY ALTERATIONS, REPAIRS, ADJUSTMENTS OR MAINTENANCE PERFORMED.. BE ADVISED THAT WITH PEGASUS IN ACCORDANCE AVIATION V. VARIG LOGISTICA S.A., ANY DESTRUCTION 26 N.Y. OR FAILURE 3D 543 TO (2015), PRESERVE THE REQUESTED, DEMANDED, OR RESTRICTED EVBENCE WILL HAVE SERIOUS LEGAL CONSEQUENCES ATTRIBUTABLE TO YOU. ** Dated: Farmingdale, NY July 23, 2021 AND W OP 1 EI FILED: NASSAU COUNTY CLERK 05/02/2024 03/01/2024 03:13 06:05 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 84 43 RECEIVED NYSCEF: 05/02/2024 03/01/2024 VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF NASSAU ) ANDREW OPPENHEIMER, being duly sworn, deposes and says that deponent is the above named claimant; deponent has read the foregoing NOTICE OF CLAIM and knows its contents; the same is true to deponent's knowledge, except as to those matters stated to be alleged upon information and belief, and as to those matters deponent believes them to be true. , ANDREW OP IMER Swo to before me this of day of July, 2021. Otary u 1C DEBORAH LEE BERLINER Notary Public, State of New York No. 4815380, Suffolk County Commission Expires June 30, GREY & GREY, LLP Attorneys for Claimant ANDREW OPPENHEIMER 360 Main Street Farmingdale, NY 11735 (516) 249-1342 FILED: NASSAU COUNTY CLERK 05/02/2024 03/01/2024 03:13 06:05 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 84 43 RECEIVED NYSCEF: 05/02/2024 03/01/2024 In the Matter of the Claim of ANDREW OPPENHEIMER, -against- NORTH MERRICK FIRE DISTRICT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, NORTH MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and MERRICK FIRE DEPARTMENT, NOTICE OF CLAIM GREY & GREY, LLP Attorneys for Claimant 360 Main Street Farmingdale, NY 11735 (516) 249-1342 TO: