Majority
p. 1185[27 NE3d 471, 3 NYS3d 757] Mary T. Heltz, Appellant, v Bruce S. Barratt et al., Respondents. Decided December 17, 2014
p. 1186
APPEARANCES OF COUNSEL
Personius Melber LLP, Buffalo (Scott R. Hapeman of counsel), for appellant.
Barth Sullivan Behr, Buffalo (Andrew J. Kowalewski of counsel), for respondents.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order af
p. 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.