Without the data, the affidavit was conclusory

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

Costanzo v County of Chautauqua, 2013 NY Slip Op 06475 (4th Dept. 2013)

“The County’s cross motion was based in part on the affidavit of a transportation engineer who offered his opinion as an accident reconstruction expert. We conclude that the affidavit was speculative and conclusory inasmuch as the expert failed to submit the data upon which he based his opinions, and thus the affidavit had no probative value”

The issue of substantiating an opinion with the data that the opinion is predicated upon is an interesting topic.

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