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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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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
