Court Denies Motion for Summary Judgement Based on Altschule Affidavit

General News

“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

Customer Testimonials

Thanks so much Howard. I will recommend you from now on all weather related cases.

H.Q. Nguyen

Trial Attorney

Thanks to the report you prepared in relation to the accumulation of ice and snow in a parking lot in Queens over the course of nine hours, I was able to negotiate a settlement that surprised the hell out of me. I knew the issue of constructive notice would be a problem and feared a defendant's verdict. After jury selection and before opening remarks, I took out your report and highlighted that the controlling data came from you and the weather service and constituted unassailable evidence as to the temperature. Counsel for the commercial tenant insisted that reports from JFK controlled the issue of temperature and not your report. While arguing the point, counsel for the landlord remarked when the court inquired about you "that Howard knows his stuff and is the real deal." I pushed to have you testify and over the course of six long hours both defendants decided to sweeten the pot to induce a settlement. I can't thank you enough for your professionalism and solid reputation. You saved the day from potential disaster.

John Lawerence

Trial Attorney

My client’s beachfront home was damaged by winds and flood waters resulting from a hurricane. My client’s homeowners’ insurance company paid a pittance for the wind damage while claiming that all the remaining damage was from the flood waters home. I hired Howard as an expert witness to help me explain to the jury the wind speeds that impacted the home, when the wind damaged the home, how long the wind was battering the home, and also explain how the flood waters didn’t arrive until after the home was already damaged by the wind. Howard was one of the best witnesses I’ve put on the stand in my 33 years of practice. He explained everything to the jury in simple and understandable terms, helping me prove the home was total loss from wind damage. His demeanor, cadence, intonation and professorial approach with the jury was simply superb. I would hire him again in a heartbeat.

Mark Nation

Trial Attorney

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