Koch's attorney disputed that account of the incident.
“Clearly there was a traffic accident, however, we firmly believe based upon the evidence that Mr. Koch committed no criminal acts whatsoever. The rest will be resolved in the courthouse,” said Aaron Glazer, who along with attorney Paul Cambria Jr., is representing Koch.
A spokesman for New Era did not respond to an emailed request for comment.
A police report obtained by WIVB said Koch was pulling his SUV out of the parking area when the man arrived in his pickup truck and got out. The man approached Koch's vehicle "in an attempt to fight the defendant, stating, 'Let's settle this like men,'" the police report said.
“Defendant then recklessly drove his vehicle toward victim,” the report said. “Victim rushed out of the way and suffered only a minor injury to the right hand.”
Flynn told reporters the ex-husband went to the restaurant because he knew his former wife was there.
“It was not a chance encounter,” he said.
Koch is due back in court May 25. The charge carries a maximum seven-year prison term.