Opinion
October 26, 1987
Appeal from the Supreme Court, Queens County (Lerner, J.).
Ordered that the order is affirmed, with costs.
The plaintiff allegedly sustained injuries when she fell "in the middle" of the public sidewalk about six feet from the entrance of the premises located at 54-28 Myrtle Avenue in Ridgewood, Queens. The plaintiff's fall was purportedly precipitated by a defect in the sidewalk, to wit, one square of concrete was raised above the adjoining square, which caused an "indentation" in the sidewalk. The defendant Robert Schauder, doing business as Carvel No. 1351 (hereinafter Schauder), was the franchised owner of a Carvel store doing business at the premises. While the owner of a store "is charged with the duty of providing the public with a reasonably safe premises, including a safe means of ingress and egress" (Gallagher v. St. Raymond's R.C. Church, 21 N.Y.2d 554, 557), the plaintiff has failed to set forth any triable issues of fact concerning Schauder's conduct upon which a breach of this duty could be found (see, Blais v St. Mary's of Assumption R.C. Church, 89 A.D.2d 653; Sacco v. City of Buffalo, 78 A.D.2d 1000). Mangano, J.P., Thompson, Lawrence and Harwood, JJ., concur.