Court Denies Motion for Summary Judgement Based on Altschule Affidavit

“Plaintiff also raised factual issues in her opposing papers concerning the climatological data, submitting the affidavit of a meteorologist (Howard Altschule), who opines that counsel for the defendant relied upon records from Farmingdale, nine miles from the accident site, and not from Centerport, which is located only 2 miles from the accident site.”  “This raises a factual issue of the existence of an icy condition for a sufficient period of time to give the defendant constructive notice so that it could prevent the dangerous condition that allegedly caused plaintiff to fall.”

Court Decision Denying Motion for Summary Judgement Can Be Found Here