Opinion
May 3, 1999
In a proceeding pursuant to SCPA 2103, inter alia, to discover property withheld from the estate of Vivien King, the appeal is form an order of the Surragate's Court, Westchester County (Emanuelli, S.), dated March 31, 1998, which granted the petitioner's motion for summary judgment.
Ordered that the order is affirmed, with costs.
The Surrogate's Court properly granted the petitioner's motion for summary judgment. The petitioner made a prima facie showing of entitlement to judgment as a matter of law and there were no triable issues of fact as to whether Woodpecker Finance Ltd. was a bona fide purchaser for value of the challenged assignment ( see, CPLR 3212 [b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).
Santucci, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.