NANUET, NY (CBSNewYork) — An Airmont man is suing White Castle because he says booths at the company’s Nanuet restaurant are too small for his 290-pound frame.

Martin Kessman filed a federal lawsuit in the U.S. District Court in Manhattan last week saying he was embarrassed when he tried to sit down at the restaurant back in 2009.

He claims he slammed his knee while trying to squeeze in to one of the booths, causing him pain.

Kessman also claims White Castle could not accommodate a customer of his size, which he says is a violation of the Americans With Disabilities Act.

The Journal News reported that the lawsuit said Kessman received three patronizing letters from the fast-food chain after he complained about the seating.

White Castle’s spokesman Jamie Richardson said upgrades are in the works at the Nanuet restaurant and that the new one will have more spacious seating.

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