| Heltz v Barratt |
| 2014 NY Slip Op 08791 [24 NY3d 1185] |
| December 17, 2014 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 1, 2015 |
| Mary T. Heltz, Appellant, v Bruce S. Barratt et al., Respondents. |
Decided December 17, 2014
Heltz v Barratt, 115 AD3d 1298, affirmed.
Personius Melber LLP, Buffalo (Scott R. Hapeman of counsel), for appellant.
Barth Sullivan Behr, Buffalo (Andrew J. Kowalewski of counsel), for respondents.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order af{**24 NY3d at 1187}firmed, with costs. Plaintiff failed to produce admissible evidence raising a triable issue of fact concerning whether defendant Barratt had an opportunity to avoid the collision.
Concur: Chief Judge Lippman and Judges Read, Smith, Pigott, Rivera and Abdus-Salaam.