Steele v. Town of Hempstead

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Joseph, J.), dated September 28, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The court correctly granted the defendants’ motion for sum*452mary judgment dismissing the complaint. The roadway on which the infant plaintiff allegedly sustained his injuries was under construction. The fact that its condition was open, obvious, and readily observable by the reasonable use of…