Heltz v. Barratt

Personius Melber LLP, Buffalo (Scott R. Hapeman of counsel), for appellant.

Barth Sullivan Behr, Buffalo (Andrew J. Kowalewski of counsel), for respondents.

Opinion

On review of submissions pursuant to section 500.11 of the Rules, order affirmed,

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.

Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.