Preview
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024
EXHIBIT U
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------X (Motion Sequence No.:
ANDREW OPPENHEIMER,
Plaintiff, AFFIDAVIT
- against -
Index No.:607514/2022
NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE Assigned To:
DEPARTMENT, BELLMORE FIRE Hon. Sarika Kapoor, J.S.C.
DEPARTMENT, BELLMORE FIRE DISTRICT,
TOWN OF HEMPSTEAD, THE NEW YORK Action No.: 1
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.
_________________________________________________________________Ç
VINU JACOB, Index No.: 607516/2022
Plaintiff,
-against-
Action No.: 2
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,
Defendant,
__________________________________________________________________Ç
STATE OF NEW YORK)
) SS.:
COUNTY OF NASSAU )
GARY A. HORN, being duly sworn, deposes and states, under the penalties of perjury, as
follows:
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024
1.) I have personal knowledge of the facts contained in this affidavit.
2.) I am a Commissioner of the Bellmore Fire District.
3.) I am also an 18-year member of the Bellmore Fire Department.
4.) The Bellmore Fire District is the administrative overseer of the Bellmore Fire
Department.
5.) I submit this affidavit in support of the motions for summary judgment dismissal served
on behalf of the Bellmore Fire District and the Bellmore Fire Department in both the
Andrew Oppenheimer and Vinu Jacob cases.
6.) On July 10, 2021, the Bellmore Fire District was one of several co-tenants on the lease
for the Four Towns Fireman's Training Center in Merrick, New York with the landlord,
Town of Hempstead. A copy of the lease is annexed to this Affidavit.
7.) The lease for the Four Towns Fireman's Training Center in Merrick, New York states at
"THIRD"
paragraph that the premises shall be occupied as a firefighting training and
firefighters'
practice facility, tournament and recreational facility, and for drills and/or
demonstrations, and meetings of Nassau County Fire Service organizations.
8.) On July 10, 2021, the North Merrick Fire Department, a co-tenant on the lease, was the
only department that was hosting, supervising, and running the drill, which involved
several events, that was ongoing at the Four Towns Fireman's Training Center in
Merrick, New York when the accident involving Andrew Oppenheimer and Vinu Jacob
occurred.
9.) On July 10, 2021, The Bellmore Fire Department was acting only as a participant in the
drill at the Four Towns Fireman's Training Center in Merrick, New York. Neither the
Bellmore Fire Department nor the Bellmore Fire District had any supervisory role over
the drill that was taking place on July 10, 2021 at the Four Towns Fireman's Training
Center in Merrick, New York.
10.) The above is true to the best of my knowledge.
.
Bellmor F District
By: ary A. Horn, C 1 issioner
Sworn to before me this 3 o
day of April 2024
KAREN B. WATERMAN
NOTARY PUBUC - STATE OF NEW YORK
NO. 01WA6092198
QUALIFIED IN NASSAU COUNTY
MY COMMISSION EXPERES 5-12-20A
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024
Notary Public
Bellmore e Depart ent
By:üary A o
Sworn to before me this 30
day of April 2024
Notary Public
KAREN B. WATERMAN
NOTARY PUBLIC - STATE OF NEW YORK
NO. 01WA6092198
Q UALIFIED IN NASSAU COUNTY
MY COMMISSION EXPIRES 5-12-20
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024
made the of. , 2020
AGREEMENT day
a mun icipal corporath on of
between the TOWN OF HEMPSTEAD,
New its p:1ncipal office at
the State of York, having
Hempstead Town Hall, One Washington Street; Hempstead,
hereinafter cal led the "landlord", and the
New York,
as one co-tenant, the NORTH
BELLMORE FIRE D2STRICT.
as the second co-tenant; the
BELLMORE FfRE DISTRICT,
as t-ne thi rd co-tenant; and
NORTH MERRICK FIRE DISTRICT,
EMPIRE HOSF CO. NO. 3. INC.,
three companies, namely,
AND HOSE CO., INC., and MERRICK HOOK
FRIENDS]!IP ENGINE
ointly as the MERR2CK
AND LADDER CO. NO. 3, INC., acting
as the fourth co-t- nant, all said
F3 RE DEPARTMENT,
organized and within
districts and companies being duly
State of New York, and hereinafter
the Town of Hempstead,
"co-tenants."
called the
W I T N E S S E T H :
leases to the co-tenants
FIRST: The .landlord hereby
hereinafter together with the
the premises described,
for the term of ten (10)
improvements erected thereon,
1st of September, 2020 and
commencing on the day
years,
of Augtst, 2030, unless
on the 31st day
terminating
hereinafter provided an at annual
sooner terminated as
dollar (S1.00) per year.
rental of one
bounded and, described as
The demised premises are
5
certain paece or parcel of
ALL that plot,
H ch.0 he dinos and improvements
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024
BEGINNING at a point on the southerly line of
Merrick Road 652.25 feet easterly from the
intersection of the southerly line of Merrick
Road and the easterly line of Meadowbrook
Causeway; running thence along the southerly
line of Merrick Road south, 86 degrees, 12
minutes, 16 seconds east 249.22 feet to a
point; running thence south 68 degrees, 33
minutes, 35 seconds east 25.13 feet to a
point; running thence south 51 degrees 17
minutes 00 seconds east 118.70 feet to a
point; running thence sout:h 18 degrees 01
minutes, 55 seconds east 162.43 feet to a
point; running thence south 3 degrees 39
minutes, 10 seconds east 102.04 feet to a
point; running thence south 20 degrees 23
minutes 40 seconds east 121.56 feet to a
point; running thence south 14 degrees 09
minutes 10 seconds east 90.10 feet to a
point; running thence south 34 degrees 28
minutes 40 seconds east ~/0.46 feet to a
point; running thence south 48 degrees 00
minutes 10 seconds east 39.39 feet to a
point; running thence south 50 degrees 07
minutes 10 seconds east 190.20 feet to a
point; running thence south 38 degrees. 57
minutes 40 seconds east 128.36 feet to a
point; running thence south 5 degrees 02
minutes 00 seconds east 1S3.11 feet to a
point; running thence south 18 degrees 47
minutes 50 seconds west 157.12 feet to a
point; running thence south 45 degrees 22
minutes 20 seconds west 4:'.60 feet to a
point; running thence north 79 degrees 29
minutes 54 seconds west 207.00 feet to a
point; running thence nort.h 23 degrees 38
minutes 20 seconds west 1,268.38 feet to the
point and place of BEGINN NG.
Said property also being
Preview
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024 EXHIBIT U FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------X (Motion Sequence No.: ANDREW OPPENHEIMER, Plaintiff, AFFIDAVIT - against - Index No.:607514/2022 NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE Assigned To: DEPARTMENT, BELLMORE FIRE Hon. Sarika Kapoor, J.S.C. DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEW YORK Action No.: 1 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. _________________________________________________________________Ç VINU JACOB, Index No.: 607516/2022 Plaintiff, -against- Action No.: 2 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, Defendant, __________________________________________________________________Ç STATE OF NEW YORK) ) SS.: COUNTY OF NASSAU ) GARY A. HORN, being duly sworn, deposes and states, under the penalties of perjury, as follows: FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024 1.) I have personal knowledge of the facts contained in this affidavit. 2.) I am a Commissioner of the Bellmore Fire District. 3.) I am also an 18-year member of the Bellmore Fire Department. 4.) The Bellmore Fire District is the administrative overseer of the Bellmore Fire Department. 5.) I submit this affidavit in support of the motions for summary judgment dismissal served on behalf of the Bellmore Fire District and the Bellmore Fire Department in both the Andrew Oppenheimer and Vinu Jacob cases. 6.) On July 10, 2021, the Bellmore Fire District was one of several co-tenants on the lease for the Four Towns Fireman's Training Center in Merrick, New York with the landlord, Town of Hempstead. A copy of the lease is annexed to this Affidavit. 7.) The lease for the Four Towns Fireman's Training Center in Merrick, New York states at "THIRD" paragraph that the premises shall be occupied as a firefighting training and firefighters' practice facility, tournament and recreational facility, and for drills and/or demonstrations, and meetings of Nassau County Fire Service organizations. 8.) On July 10, 2021, the North Merrick Fire Department, a co-tenant on the lease, was the only department that was hosting, supervising, and running the drill, which involved several events, that was ongoing at the Four Towns Fireman's Training Center in Merrick, New York when the accident involving Andrew Oppenheimer and Vinu Jacob occurred. 9.) On July 10, 2021, The Bellmore Fire Department was acting only as a participant in the drill at the Four Towns Fireman's Training Center in Merrick, New York. Neither the Bellmore Fire Department nor the Bellmore Fire District had any supervisory role over the drill that was taking place on July 10, 2021 at the Four Towns Fireman's Training Center in Merrick, New York. 10.) The above is true to the best of my knowledge. . Bellmor F District By: ary A. Horn, C 1 issioner Sworn to before me this 3 o day of April 2024 KAREN B. WATERMAN NOTARY PUBUC - STATE OF NEW YORK NO. 01WA6092198 QUALIFIED IN NASSAU COUNTY MY COMMISSION EXPERES 5-12-20A FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024 Notary Public Bellmore e Depart ent By:üary A o Sworn to before me this 30 day of April 2024 Notary Public KAREN B. WATERMAN NOTARY PUBLIC - STATE OF NEW YORK NO. 01WA6092198 Q UALIFIED IN NASSAU COUNTY MY COMMISSION EXPIRES 5-12-20 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024 made the of. , 2020 AGREEMENT day a mun icipal corporath on of between the TOWN OF HEMPSTEAD, New its p:1ncipal office at the State of York, having Hempstead Town Hall, One Washington Street; Hempstead, hereinafter cal led the "landlord", and the New York, as one co-tenant, the NORTH BELLMORE FIRE D2STRICT. as the second co-tenant; the BELLMORE FfRE DISTRICT, as t-ne thi rd co-tenant; and NORTH MERRICK FIRE DISTRICT, EMPIRE HOSF CO. NO. 3. INC., three companies, namely, AND HOSE CO., INC., and MERRICK HOOK FRIENDS]!IP ENGINE ointly as the MERR2CK AND LADDER CO. NO. 3, INC., acting as the fourth co-t- nant, all said F3 RE DEPARTMENT, organized and within districts and companies being duly State of New York, and hereinafter the Town of Hempstead, "co-tenants." called the W I T N E S S E T H : leases to the co-tenants FIRST: The .landlord hereby hereinafter together with the the premises described, for the term of ten (10) improvements erected thereon, 1st of September, 2020 and commencing on the day years, of Augtst, 2030, unless on the 31st day terminating hereinafter provided an at annual sooner terminated as dollar (S1.00) per year. rental of one bounded and, described as The demised premises are 5 certain paece or parcel of ALL that plot, H ch.0 he dinos and improvements FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 05/02/2024 BEGINNING at a point on the southerly line of Merrick Road 652.25 feet easterly from the intersection of the southerly line of Merrick Road and the easterly line of Meadowbrook Causeway; running thence along the southerly line of Merrick Road south, 86 degrees, 12 minutes, 16 seconds east 249.22 feet to a point; running thence south 68 degrees, 33 minutes, 35 seconds east 25.13 feet to a point; running thence south 51 degrees 17 minutes 00 seconds east 118.70 feet to a point; running thence sout:h 18 degrees 01 minutes, 55 seconds east 162.43 feet to a point; running thence south 3 degrees 39 minutes, 10 seconds east 102.04 feet to a point; running thence south 20 degrees 23 minutes 40 seconds east 121.56 feet to a point; running thence south 14 degrees 09 minutes 10 seconds east 90.10 feet to a point; running thence south 34 degrees 28 minutes 40 seconds east ~/0.46 feet to a point; running thence south 48 degrees 00 minutes 10 seconds east 39.39 feet to a point; running thence south 50 degrees 07 minutes 10 seconds east 190.20 feet to a point; running thence south 38 degrees. 57 minutes 40 seconds east 128.36 feet to a point; running thence south 5 degrees 02 minutes 00 seconds east 1S3.11 feet to a point; running thence south 18 degrees 47 minutes 50 seconds west 157.12 feet to a point; running thence south 45 degrees 22 minutes 20 seconds west 4:'.60 feet to a point; running thence north 79 degrees 29 minutes 54 seconds west 207.00 feet to a point; running thence nort.h 23 degrees 38 minutes 20 seconds west 1,268.38 feet to the point and place of BEGINN NG. Said property also being