Angelita Gonzalez, Plaintiff, v. Dr. Derrick R. Champion, Defendant. (2025)

The following paper numbered 1 was read on this motion:

Paper Number

Notice of Motion, Affirmation and Exhibit 1

Plaintiff brings her motion seeking an "Order under the New York Debtor and Creditor Laws declaring that the deed purportedly transferring Defendant's interest to his ex Wife Cecilia Champion is null and void." There is no indication that this motion was served on defendant.¹ For this reason alone, the Court must deny the motion.

There is a more significant reason that the Court must deny the motion, however. Plaintiff needed to commence a special proceeding against both defendant and his former wife, who is not a party to this action. This action is a dental malpractice action, and not one under the Debtor and Creditor Law. See generally Marine Midland Bank v. Murkoff, 120 AD2d 122, 124, 508 N.Y.S.2d 17, 19 (2d Dept. 1986). Moreover, Cecilia Champion is a necessary party, as it is her property that plaintiff now alleges was transferred to her in a fraudulent conveyance.

Accordingly, the motion is denied in its entirety. Plaintiff shall send a copy of this Decision and Order to defendant by overnight mail and email within three business days of receipt. Plaintiff shall send a copy of this Decision and Order to counsel for Cecilia Champion by email within three business days of receipt.

The foregoing constitutes the decision and order of the

Court.

Dated: July 9, 2025

White Plains, New York

HON. LINDA S. JAMIESON

Justice of the Supreme Court

FOOTNOTES

1.   The motion was made while defendant was still represented by counsel, but the Court relieved defendant's counsel on June 4, 2025.

Linda S. Jamieson, J.