After tripping on its sidewalk, Ruben Quintana sued White Castle for his injuries.
Because Ruben wasn't able to identify what caused him to fall, the property owners asked the Bronx County Civil Court to dismiss the case. When that request was granted, Quintana appealed.
Since the burger joint established that it neither created nor had knowledge of the condition, and because Quintana's evidence as to a sidewalk defect was "speculative" in nature, the Appellate Term, First Department, upheld the dismissal. (In the AT1's view, Quintana's photos failed to "depict any dangerous or defective condition" and weren't supported by expert evidence.)
To view a copy of the Appellate Term's decision, please use this link: Quintana v. Votmesh Realty, Inc.