Heltz v Barratt

Heltz v Barratt 2014 NY Slip Op 08791 Decided on December 17, 2014 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 17, 2014
No. 237 SSM 28

[*1]Mary T. Heltz, Appellant,

v

Bruce S. Barratt et al., Respondents.

Submitted by Scott R. Hapeman, for appellant.

Submitted by Andrew J. Kowalewski, for respondents.

MEMORANDUM:

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.

Decided December 17, 2014