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 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/20/2024
COURTOF THESTATEOFNEWYORK
SUPREME
COUNTY
OFNASSAU
----------------------------------------------------------------------X
ANDREW
OPPENHEIMER,
Plaintiff,
-against- Action # 1
Index No.: 607514/2022
NORTH
MERRICKFIRE DEPARTMENT,NORTH
MERRICKFIRE DISTRICT, MERRICKFIRE
DEPARTMENT,BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD,
THE NEWYORKSTATEVOLUNTEER FIREMEN'S
PARADEANDDRILL TEAMCAPTAINS
ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER
FIREMENSPARADEANDDRILL TEAMCAPTAINS
ASSOCIATION, INC., and PAUL WILDERS,
Defendants.
______________________________________________________________________x
VINU JACOB, Action #2
Plaintiff, Index No.: 607516/2022
-against-
NORTHMERRICKFIRE DEPARTMENT,NORTH
MERRICKFIRE DISTRICT, MERRICKFIRE
DEPARTMENT,BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD,
THENEWYORKSTATEVOLUNTEER FIREMEN'S
PARADEAND DRILL TEAM CAPTAINS
ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER
FIREMENSPARADE AND DRILL TEAMCAPTAINS
ASSOCIATION, INC., and PAUL WILDERS,
Defendants.
________________________________________________________________________x
COUNTER
STATEMENT
OFMATERIALFACTS
Through their attorneys, the Law Offices of Grey and Grey, Plaintiffs offer the following
counter-statement of material facts:
1. The training and duties associated with volunteer firefighters and volunteer ambulance
workers are different. See Deposition Transcript of Defendant Paul Wilders annexed hereto
as Exhibit
"1" pg. 27 lines pg. 28 and pg. 29 lines 2-7.
23-25;
1 of 3
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/20/2024
2. Plaintiffs Andy Oppenheimer and Jacob Vinu are emergency medical technicians, not
volunteer firefighters. See Affidavits from Plaintiff Andrew Oppenheimer and Vinu Jacob
annexed hereto as Exhibit "2"
"1" pg. 40.
3. The Four Towns Training Center is a firefighter training center. Exhibit
4. North Merrick was hosting a competition on July 10, 2021, at the Four Towns Fireman's
Center. Exhibit
"1" pg. 53 lines 9-14.
Training
5. Plaintiffs were at the Four Town's Firemen's Training Center on the date of the accident
solely in their capacity as EMTsand not as competitors. See Plaintiff, ANDREW
OPPENHEIMER'sdeposition transcript annexed as Exhibit "3" pg. 29 lines9-17 and
Deposition transcript of VINU JACOBannexed as Exhibit "4", pg. 22 lines 3-17.
6. Plaintiffs were there to render aid to anyone that needed aid including the general public.
See Exhibit "4" pg. lines 22-25.
22,
7. Defendant, PAULWILDERSis a Fire Commissioner with the Defendant, NORTH
MERRICKFIRE DISTRICT and a member of the department's Drill Competition Team called
the North Merrick Stump Jumpers. Exhibit "1", pg. 25 lines 21-25; pg. 69 lines 3-25.
8. Defendant, PAULWILDERSis a member of the North Merrick drill team which
competes against other fire departments throughout New York State. Exhibit "1" pg. 51 lines
15-21.
The competitions are timed competition. Exhibit "1" pg. 51 pg. 52 lines
9. lines 22-25; 2-3
EMTworkers cannot be part of the team. Exhibit "1" pg. 52 lines 9-20
10. drill
Andrew Oppenheimer was not competing in the competition. Exhibit "2"
11.
Vinu Jacob was not competing in the competition. Exhibit "2"
12.
13. The competition is open to public spectators and a fee is charged for entry. Exhibit "1"
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FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/20/2024
pg. 55 lines 18-25; pg. 56 lines 2-5.
14. Teams are awarded trophies, and any proceeds of the fees go back to the drill team as a
fundraiser. Exhibit "1" pg. 56 lines 8-17
15. Defendant PAULWILDERSwas driving the competition vehicle that struck the
ambulance in which Plaintiffs, ANDJACOBoccupied.
OPPENHEIMER Exhibit "1" pg. 15
lines 17-25
16. Defendant, PAULWILDERSconceded at his deposition that Defendant, NORTH
MERRICKwas hosting the competition, and he was the person who instructed the Plaintiffs to
station the standby ambulance adjacent to the racetrack in an area without protective barriers.
"1" pg.
See Exhibit 54, lin9-14; pg. 196 line 25; pg. 197 line 1-7.
Dated: May 13, 2024
Farmingdale, New York
Mari1Sel Gomez, Esq.
3 of 3
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FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/20/2024 COURTOF THESTATEOFNEWYORK SUPREME COUNTY OFNASSAU ----------------------------------------------------------------------X ANDREW OPPENHEIMER, Plaintiff, -against- Action # 1 Index No.: 607514/2022 NORTH MERRICKFIRE DEPARTMENT,NORTH MERRICKFIRE DISTRICT, MERRICKFIRE DEPARTMENT,BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEWYORKSTATEVOLUNTEER FIREMEN'S PARADEANDDRILL TEAMCAPTAINS ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER FIREMENSPARADEANDDRILL TEAMCAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. ______________________________________________________________________x VINU JACOB, Action #2 Plaintiff, Index No.: 607516/2022 -against- NORTHMERRICKFIRE DEPARTMENT,NORTH MERRICKFIRE DISTRICT, MERRICKFIRE DEPARTMENT,BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THENEWYORKSTATEVOLUNTEER FIREMEN'S PARADEAND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER FIREMENSPARADE AND DRILL TEAMCAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. ________________________________________________________________________x COUNTER STATEMENT OFMATERIALFACTS Through their attorneys, the Law Offices of Grey and Grey, Plaintiffs offer the following counter-statement of material facts: 1. The training and duties associated with volunteer firefighters and volunteer ambulance workers are different. See Deposition Transcript of Defendant Paul Wilders annexed hereto as Exhibit "1" pg. 27 lines pg. 28 and pg. 29 lines 2-7. 23-25; 1 of 3 FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/20/2024 2. Plaintiffs Andy Oppenheimer and Jacob Vinu are emergency medical technicians, not volunteer firefighters. See Affidavits from Plaintiff Andrew Oppenheimer and Vinu Jacob annexed hereto as Exhibit "2" "1" pg. 40. 3. The Four Towns Training Center is a firefighter training center. Exhibit 4. North Merrick was hosting a competition on July 10, 2021, at the Four Towns Fireman's Center. Exhibit "1" pg. 53 lines 9-14. Training 5. Plaintiffs were at the Four Town's Firemen's Training Center on the date of the accident solely in their capacity as EMTsand not as competitors. See Plaintiff, ANDREW OPPENHEIMER'sdeposition transcript annexed as Exhibit "3" pg. 29 lines9-17 and Deposition transcript of VINU JACOBannexed as Exhibit "4", pg. 22 lines 3-17. 6. Plaintiffs were there to render aid to anyone that needed aid including the general public. See Exhibit "4" pg. lines 22-25. 22, 7. Defendant, PAULWILDERSis a Fire Commissioner with the Defendant, NORTH MERRICKFIRE DISTRICT and a member of the department's Drill Competition Team called the North Merrick Stump Jumpers. Exhibit "1", pg. 25 lines 21-25; pg. 69 lines 3-25. 8. Defendant, PAULWILDERSis a member of the North Merrick drill team which competes against other fire departments throughout New York State. Exhibit "1" pg. 51 lines 15-21. The competitions are timed competition. Exhibit "1" pg. 51 pg. 52 lines 9. lines 22-25; 2-3 EMTworkers cannot be part of the team. Exhibit "1" pg. 52 lines 9-20 10. drill Andrew Oppenheimer was not competing in the competition. Exhibit "2" 11. Vinu Jacob was not competing in the competition. Exhibit "2" 12. 13. The competition is open to public spectators and a fee is charged for entry. Exhibit "1" 2 of 3 FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/20/2024 pg. 55 lines 18-25; pg. 56 lines 2-5. 14. Teams are awarded trophies, and any proceeds of the fees go back to the drill team as a fundraiser. Exhibit "1" pg. 56 lines 8-17 15. Defendant PAULWILDERSwas driving the competition vehicle that struck the ambulance in which Plaintiffs, ANDJACOBoccupied. OPPENHEIMER Exhibit "1" pg. 15 lines 17-25 16. Defendant, PAULWILDERSconceded at his deposition that Defendant, NORTH MERRICKwas hosting the competition, and he was the person who instructed the Plaintiffs to station the standby ambulance adjacent to the racetrack in an area without protective barriers. "1" pg. See Exhibit 54, lin9-14; pg. 196 line 25; pg. 197 line 1-7. Dated: May 13, 2024 Farmingdale, New York Mari1Sel Gomez, Esq. 3 of 3