In Perez v. Canale, 50 AD3d 437, 855 N.Y.S.2d 488 (1st Dept 2008) defendants' expert meteorologist, relying on climatological data, "permissibly concluded that due to temperatures that well above freezing in the 12 hours prior to plaintiff's fall, it would have been impossible for there to have been a precipitation-related ice or snow accumulation in the vicinity of plaintiff's fall. Contrary to plaintiff's contention it was not speculative for defendants' qualified expert to conclude that the temperatures were at levels that would have caused melting on the days prior to and of the accident". Id. In Perez, the court discounted plaintiff's photographs, since they were taken the day after the accident and were not of the accident location.