Opinion
April 22, 1996
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff made a sufficient showing to entitle her to judgment as a matter of law on the issue of foreclosure. The burden therefore shifted to the appellant to show, by way of admissible evidence, the existence of a triable issue of fact as to whether the underlying mortgage was a fraudulent conveyance. The appellant having failed to do so, the court properly granted the plaintiff's motion for summary judgment ( see, CPLR 3212 [b]; Debtor and Creditor Law §§ 273-276; Zuckerman v. City of New York, 49 N.Y.2d 557).
The appellant's remaining contention is without merit. Thompson, J.P., Sullivan, Joy and Florio, JJ., concur.