Opinion
November 28, 1994
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for entry of an appropriate judgment.
The Supreme Court erred in failing to grant summary judgment to the plaintiff under the circumstances of this case. The plaintiff made a prima facie showing that the transfer of real property by the defendant to the defendant's brother was fraudulent within the meaning of Debtor and Creditor Law § 273 Debt. Cred.. In opposition to the motion, the defendant failed to establish the existence of triable issues of fact and therefore, summary judgment should have been granted to the plaintiff (see, Matter of American Inv. Bank v. Marine Midland Bank, 191 A.D.2d 690, 691-692; Ede v. Ede, 193 A.D.2d 940; Spielvogel v. Welbourne, 175 A.D.2d 830). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.