After slipping and falling on some snow and ice which was on a McDonald's sidewalk (up in Buffalo, NY), Vincent Maisano filed suit with the Erie County Supreme Court.
And when his case against the fast-food chain got dismissed, the Appellate Division, Fourth Department, ultimately agreed that the evidence established that the company lacked day-to-day control over the premises.
Because it was an "out of possession landlord," and wasn't contractually obligated to maintain or repair the premises, Maisano apparently sued the wrong party.
Bet he has a beef with that.
To view a copy of the Appellate Division's decision, please use this link: Maisano v McDonald's Corp.