Legal Opinion

Quintana v. Votmesh Realty Inc.

Appellate Terms of the Supreme Court of New York

Decided March 2, 2011Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, dated February 1, 2010, affirmed, with $10 costs.

Plaintiff commenced this negligence action seeking to recover damages for personal injuries allegedly sustained when, on February 16, 2005, he tripped and fell on the sidewalk adjacent to the rear parking lot of a White Castle restaurant owned by defendants. In his deposition testimony, plaintiff stated that he thought that he tripped on an uneven part of the sidewalk, recalling that “when you get to the edge there’s something there that’s not filled, it’s empty, like an empty, emptiness there, and I imagine that’s…

3Cases cited8 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Smith v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Kane v. Estia Greek Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Kesselman v. Lever House RestaurantAppellate Division of the Supreme Court of the State of New York · 2006
  5. Mitchell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

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