Preview
FILED: SUFFOLK COUNTY CLERK 06/13/2024 04:52 PM INDEX NO. 614681/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF SUFFOLK
-------------------------------------------------------------------------X Filed:
BRAYAN GUEVARA OROZCO,
SUMMONS
Plaintiff,
Plaintiff designates
SUFFOLK County as the
-against- place of trial.
ADRIAN UMANZOR UMANZOR, JOSE A. CASTRO The basis of venue is
and DARWIN G. REYES FUENTES, location of occurrence
Brookhaven, New York
Defendants.
-------------------------------------------------------------------------X
To the above-named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a copy of
your answer, or if the complaint is not served with this summons, to serve a notice of appearance on
the Plaintiff’s attorneys within twenty (20) days after the service of this summons exclusive of the
day of service, where service is made by delivery upon you personally within the state or within
thirty (30) days after completion of service where service is made in any other manner. In case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
DATED: Holtsville, New York
June 13, 2024
__________________________________
PAUL DEVLIN
ROSENBERG & GLUCK, L.L.P.
Attorneys for Plaintiff
1176 Portion Road
Holtsville, New York 11742
(631) 451-7900
TO: ADRIAN UMANZOR UMANZOR
23 FRANKLIN STREET
BRENTWOOD, NY 11717
JOSE A. CASTRO
204 GIBSON AVENUE
BRENTWOOD, NY 11717
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DARWIN G. REYES FUENTES,
5 HARRISON AVENUE
BELLPORT, NY 11713
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------------------X
BRAYAN GUEVARA OROZCO,
Index No.:
Plaintiff,
COMPLAINT
-against-
ADRIAN UMANZOR UMANZOR, JOSE A. CASTRO
and DARWIN G. REYES FUENTES,
Defendants.
----------------------------------------------------------------------X
Plaintiff, above named, by his attorneys, ROSENBERG & GLUCK, L.L.P., complaining
of the Defendants, respectfully alleges, upon information and belief, as follows:
1. At all times mentioned herein, Defendant JOSE A. CASTRO was an owner of a
motor vehicle bearing New York license plate number HHZ1707.
2. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR was
the operator of the aforesaid motor vehicle.
3. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR
operated the aforesaid motor vehicle with the knowledge, permission and consent, of its owner.
4. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR was
in the course of his employment.
5. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR was
operating the aforesaid motor vehicle while in the course of his employment.
6. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was the
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owner of a 2007 Honda Motorcycle.
7. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was the
operator of a 2007 Honda Motorcycle.
8. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was in
the course of his employment.
9. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was
operating the aforesaid motorcycle while in the course of his employment.
10. At all times mentioned herein, Plaintiff was a passenger of a motorcycle operated by
Defendant DARWIN G. REYES FUENTES.
11. On or about October 22, 2021, on Brookhaven Avenue at or about its intersection
with Michigan Avenue, Town of Brookhaven, State of New York, there was contact between the
motor vehicle of Defendant ADRIAN UMANZOR UMANZOR and the motorcycle of Defendant
DARWIN G. REYES FUENTES.
12. On or about October 22, 2021, on Brookhaven Avenue at or about its intersection
with Michigan Avenue, Town of Brookhaven, State of New York, there was contact between the
motor vehicle of Defendant ADRIAN UMANZOR UMANZOR and a motorcycle.
13. On or about October 22, 2021, on Brookhaven Avenue at or about its intersection
with Michigan Avenue, Town of Brookhaven, State of New York, there was contact between the
motorcycle of Defendant DARWIN G. REYES FUENTES and a motor vehicle.
14. On or about October 22, 2021, there was contact between the motor vehicle of
Defendant ADRIAN UMANZOR UMANZOR and the motorcycle of Defendant DARWIN G.
REYES FUENTES.
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15. On or about October 22, 2021, there was contact between the motor vehicle of
Defendant ADRIAN UMANZOR UMANZOR and a motorcycle.
16. On or about October 22, 2021, there was contact between the motorcycle of
Defendant DARWIN G. REYES FUENTES and a motor vehicle.
17. On or about October 22, 2021, there was contact between the motor vehicle of
Defendant ADRIAN UMANZOR UMANZOR and the motorcycle on which Plaintiff was a
passenger.
18. On or about October 22, 2021, Defendant ADRIAN UMANZOR UMANZOR
observed the motorcycle on which Plaintiff was a passenger, prior to contact between the
vehicles.
19. On or about October 22, 2021, Defendant DARWIN G. REYES FUENTES
observed the motor vehicle of Defendant ADRIAN UMANZOR UMANZOR, prior to contact
between the vehicles.
20. On or about October 22, 2021, Defendant DARWIN G. REYES FUENTES
observed the motor vehicle operated by the Defendant ADRIAN UMANZOR UMANZOR prior
to contact.
21. The aforesaid occurrence was due to the carelessness, recklessness and negligence of
Defendants, in the ownership, operation, maintenance and control of their respective motor vehicle
and motorcycle, and through no fault or lack of care on the part of Plaintiff herein.
22. As a result of the aforesaid occurrence, Plaintiff sustained a serious injury as defined
in Section 5102(d) of the Insurance Law of the State of New York and/or economic loss greater
than a basic economic loss as defined in Section 5102(a) of the Insurance Law.
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23. Plaintiff was seriously injured.
24. This action falls within one or more of the exceptions set forth in CPLR §1602
including but not limited to §1602 (2), (6) and (7).
25. As a result of the foregoing, Plaintiff was caused to sustain serious personal injuries,
a severe shock to his nervous system and certain internal injuries, and has been caused to suffer
severe physical pain as a result thereof. Some of the aforesaid injuries are of a permanent and
lasting nature. Plaintiff was incapacitated from his usual and customary activities and was caused to
undergo medical care, aid and attention all to his damage in a sum which exceeds the monetary
jurisdictional limits of all lower Courts of the State of New York.
WHEREFORE, Plaintiff demands judgment against Defendants in a sum which exceeds
the monetary jurisdictional limits of all lower Courts of the State of New York, together with the
costs and disbursements of this action.
DATED: Holtsville, New York
June 13, 2024
Yours, etc.
______________________________
PAUL DEVLIN
ROSENBERG & GLUCK, L.L.P.
Attorneys for Plaintiff
1176 Portion Road
Holtsville, NY 11742
(631) 451-7900
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Preview
FILED: SUFFOLK COUNTY CLERK 06/13/2024 04:52 PM INDEX NO. 614681/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF SUFFOLK -------------------------------------------------------------------------X Filed: BRAYAN GUEVARA OROZCO, SUMMONS Plaintiff, Plaintiff designates SUFFOLK County as the -against- place of trial. ADRIAN UMANZOR UMANZOR, JOSE A. CASTRO The basis of venue is and DARWIN G. REYES FUENTES, location of occurrence Brookhaven, New York Defendants. -------------------------------------------------------------------------X To the above-named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff’s attorneys within twenty (20) days after the service of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. DATED: Holtsville, New York June 13, 2024 __________________________________ PAUL DEVLIN ROSENBERG & GLUCK, L.L.P. Attorneys for Plaintiff 1176 Portion Road Holtsville, New York 11742 (631) 451-7900 TO: ADRIAN UMANZOR UMANZOR 23 FRANKLIN STREET BRENTWOOD, NY 11717 JOSE A. CASTRO 204 GIBSON AVENUE BRENTWOOD, NY 11717 1 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 04:52 PM INDEX NO. 614681/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 DARWIN G. REYES FUENTES, 5 HARRISON AVENUE BELLPORT, NY 11713 2 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 04:52 PM INDEX NO. 614681/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------X BRAYAN GUEVARA OROZCO, Index No.: Plaintiff, COMPLAINT -against- ADRIAN UMANZOR UMANZOR, JOSE A. CASTRO and DARWIN G. REYES FUENTES, Defendants. ----------------------------------------------------------------------X Plaintiff, above named, by his attorneys, ROSENBERG & GLUCK, L.L.P., complaining of the Defendants, respectfully alleges, upon information and belief, as follows: 1. At all times mentioned herein, Defendant JOSE A. CASTRO was an owner of a motor vehicle bearing New York license plate number HHZ1707. 2. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR was the operator of the aforesaid motor vehicle. 3. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR operated the aforesaid motor vehicle with the knowledge, permission and consent, of its owner. 4. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR was in the course of his employment. 5. At all times mentioned herein, Defendant ADRIAN UMANZOR UMANZOR was operating the aforesaid motor vehicle while in the course of his employment. 6. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was the 3 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 04:52 PM INDEX NO. 614681/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 owner of a 2007 Honda Motorcycle. 7. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was the operator of a 2007 Honda Motorcycle. 8. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was in the course of his employment. 9. At all times mentioned herein, Defendant DARWIN G. REYES FUENTES was operating the aforesaid motorcycle while in the course of his employment. 10. At all times mentioned herein, Plaintiff was a passenger of a motorcycle operated by Defendant DARWIN G. REYES FUENTES. 11. On or about October 22, 2021, on Brookhaven Avenue at or about its intersection with Michigan Avenue, Town of Brookhaven, State of New York, there was contact between the motor vehicle of Defendant ADRIAN UMANZOR UMANZOR and the motorcycle of Defendant DARWIN G. REYES FUENTES. 12. On or about October 22, 2021, on Brookhaven Avenue at or about its intersection with Michigan Avenue, Town of Brookhaven, State of New York, there was contact between the motor vehicle of Defendant ADRIAN UMANZOR UMANZOR and a motorcycle. 13. On or about October 22, 2021, on Brookhaven Avenue at or about its intersection with Michigan Avenue, Town of Brookhaven, State of New York, there was contact between the motorcycle of Defendant DARWIN G. REYES FUENTES and a motor vehicle. 14. On or about October 22, 2021, there was contact between the motor vehicle of Defendant ADRIAN UMANZOR UMANZOR and the motorcycle of Defendant DARWIN G. REYES FUENTES. 4 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 04:52 PM INDEX NO. 614681/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 15. On or about October 22, 2021, there was contact between the motor vehicle of Defendant ADRIAN UMANZOR UMANZOR and a motorcycle. 16. On or about October 22, 2021, there was contact between the motorcycle of Defendant DARWIN G. REYES FUENTES and a motor vehicle. 17. On or about October 22, 2021, there was contact between the motor vehicle of Defendant ADRIAN UMANZOR UMANZOR and the motorcycle on which Plaintiff was a passenger. 18. On or about October 22, 2021, Defendant ADRIAN UMANZOR UMANZOR observed the motorcycle on which Plaintiff was a passenger, prior to contact between the vehicles. 19. On or about October 22, 2021, Defendant DARWIN G. REYES FUENTES observed the motor vehicle of Defendant ADRIAN UMANZOR UMANZOR, prior to contact between the vehicles. 20. On or about October 22, 2021, Defendant DARWIN G. REYES FUENTES observed the motor vehicle operated by the Defendant ADRIAN UMANZOR UMANZOR prior to contact. 21. The aforesaid occurrence was due to the carelessness, recklessness and negligence of Defendants, in the ownership, operation, maintenance and control of their respective motor vehicle and motorcycle, and through no fault or lack of care on the part of Plaintiff herein. 22. As a result of the aforesaid occurrence, Plaintiff sustained a serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York and/or economic loss greater than a basic economic loss as defined in Section 5102(a) of the Insurance Law. 5 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 04:52 PM INDEX NO. 614681/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 23. Plaintiff was seriously injured. 24. This action falls within one or more of the exceptions set forth in CPLR §1602 including but not limited to §1602 (2), (6) and (7). 25. As a result of the foregoing, Plaintiff was caused to sustain serious personal injuries, a severe shock to his nervous system and certain internal injuries, and has been caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a permanent and lasting nature. Plaintiff was incapacitated from his usual and customary activities and was caused to undergo medical care, aid and attention all to his damage in a sum which exceeds the monetary jurisdictional limits of all lower Courts of the State of New York. WHEREFORE, Plaintiff demands judgment against Defendants in a sum which exceeds the monetary jurisdictional limits of all lower Courts of the State of New York, together with the costs and disbursements of this action. DATED: Holtsville, New York June 13, 2024 Yours, etc. ______________________________ PAUL DEVLIN ROSENBERG & GLUCK, L.L.P. Attorneys for Plaintiff 1176 Portion Road Holtsville, NY 11742 (631) 451-7900 6 of 6