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 11:13 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/20/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF NASSAU
______________________________________________________________________Ç
ANDREW
OPPENHEIMER,
Plaintiff,
-against- Action # 1
Index No.: 607514/2022
NORTHMERRICKFIRE DEPARTMENT,NORTH
MERRICKFIRE DISTRICT, MERRICKFIRE
DEPARTMENT,BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OFHEMPSTEAD,
THENEW YORKSTATEVOLUNTEER FIREMEN'S
PARADEANDDRILL TEAMCAPTAINS
ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER
FIREMENSPARADEANDDRILL TEAMCAPTAINS
ASSOCIATION, INC., and PAULWILDERS,
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 OFHEMPSTEAD,
THENEW YORKSTATEVOLUNTEER FIREMEN'S
PARADEANDDRILL TEAMCAPTAINS
ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER
FIREMENSPARADEANDDRILL TEAMCAPTAINS
ASSOCIATION, INC., and PAULWILDERS,
Defendants.
________________________________________________________________________Ç
COUNTER
STATEMENTOFMATERIALFACTS
Through their attorneys, the Law Offices of Grey and Grey, Plaintiffs offer the following
counter-statement ofmaterial facts:
1. The Four Towns Training Center is a firefighter training center located in Merrick, New
York. See Deposition Transcript of Defendant Paul Wilders annexed hereto as Exhibit "1"
pg. 40.
1 of 2
FILED: NASSAU COUNTY CLERK 05/20/2024 11:13 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/20/2024
2. Town of Hempstead owns the Four Towns Training Center. See Deed annexed hereto
as Exhibit "2".
3. Town of Hempstead leases the property to North Bellmore Fire District, North Merrick
Fire District, and Empire Hose Co. No. 3 Inc, Friendship Engine and Hose Co., Inc., Merrick
Hook and Ladder Co. No. 1, Inc, jointly as the Merrick Fire Department. See Lease Agreement
attached hereto as Exhibit "3".
4. North Merrick Fire Department was hosting a competition on July 10, 2021, at the Four
Towns Fireman's Training Center. Exhibit "1" pg. 53 lines 9-14.
5. Plaintiffs Andy Oppenheimer and Jacob Vinu are emergency medical technicians for the
North Bellmore Fire Department. See Exhibit "4".
6. 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 "5" pg. 29 lines 9-17 and
Deposition transcript of VINU JACOBannexed as Exhibit "6", pg. 22 lines 3-17.
7. Andrew Oppenheimer was not competing in the competition. See Exhibit "4"
8. Vinu Jacob was not competing in the competition. See Exhibit "4"
Dated: May 17, 2024
Farmingdale, New York
M el Gomez, Esq.
2 of 2
Document Filed Date
May 20, 2024
Case Filing Date
June 09, 2022
Category
Torts - Other Negligence (Premises & Motor Vehicle)
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Preview
FILED: NASSAU COUNTY CLERK 05/20/2024 11:13 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/20/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF NASSAU ______________________________________________________________________Ç ANDREW OPPENHEIMER, Plaintiff, -against- Action # 1 Index No.: 607514/2022 NORTHMERRICKFIRE DEPARTMENT,NORTH MERRICKFIRE DISTRICT, MERRICKFIRE DEPARTMENT,BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OFHEMPSTEAD, THENEW YORKSTATEVOLUNTEER FIREMEN'S PARADEANDDRILL TEAMCAPTAINS ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER FIREMENSPARADEANDDRILL TEAMCAPTAINS ASSOCIATION, INC., and PAULWILDERS, 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 OFHEMPSTEAD, THENEW YORKSTATEVOLUNTEER FIREMEN'S PARADEANDDRILL TEAMCAPTAINS ASSOCIATION, INC., NASSAUCOUNTY VOLUNTEER FIREMENSPARADEANDDRILL TEAMCAPTAINS ASSOCIATION, INC., and PAULWILDERS, Defendants. ________________________________________________________________________Ç COUNTER STATEMENTOFMATERIALFACTS Through their attorneys, the Law Offices of Grey and Grey, Plaintiffs offer the following counter-statement ofmaterial facts: 1. The Four Towns Training Center is a firefighter training center located in Merrick, New York. See Deposition Transcript of Defendant Paul Wilders annexed hereto as Exhibit "1" pg. 40. 1 of 2 FILED: NASSAU COUNTY CLERK 05/20/2024 11:13 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/20/2024 2. Town of Hempstead owns the Four Towns Training Center. See Deed annexed hereto as Exhibit "2". 3. Town of Hempstead leases the property to North Bellmore Fire District, North Merrick Fire District, and Empire Hose Co. No. 3 Inc, Friendship Engine and Hose Co., Inc., Merrick Hook and Ladder Co. No. 1, Inc, jointly as the Merrick Fire Department. See Lease Agreement attached hereto as Exhibit "3". 4. North Merrick Fire Department was hosting a competition on July 10, 2021, at the Four Towns Fireman's Training Center. Exhibit "1" pg. 53 lines 9-14. 5. Plaintiffs Andy Oppenheimer and Jacob Vinu are emergency medical technicians for the North Bellmore Fire Department. See Exhibit "4". 6. 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 "5" pg. 29 lines 9-17 and Deposition transcript of VINU JACOBannexed as Exhibit "6", pg. 22 lines 3-17. 7. Andrew Oppenheimer was not competing in the competition. See Exhibit "4" 8. Vinu Jacob was not competing in the competition. See Exhibit "4" Dated: May 17, 2024 Farmingdale, New York M el Gomez, Esq. 2 of 2