Burr v. Town of Hempstead

*596In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Davis, J.), entered October 1, 2004, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they neither created nor had actual or constructive notice of the defect in the roadway that allegedly caused the plaintiff’s injuries (see Shvartsberg v City of New York, 19 AD3d 578 [2005];…