================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 237 SSM 28 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.

* * * * * * * * * * * * * * * * * 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