Opinion
Argued October 8, 1999
December 2, 1999
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.
Michael D. Hassin, Rockville Centre, N.Y. (Randall Sorscher of counsel), for appellants.
Kroll, Rubin Fiorella, LLP, New York, N.Y. (Kenneth S. Fiorella of counsel), for respondents.
MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The court correctly granted the defendants' motion for summary 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 one's senses (see, Ackermann v. Town of Fishkill, 201 A.D.2d 441 ; Laluna v. DGM Partners, 234 A.D.2d 519 ;Paulo v. Great Atl. Pac. Tea Co., 233 A.D.2d 380 ) precludes a finding of liability based on the alleged failure to post warnings.
The plaintiffs' remaining contentions are without merit
ALTMAN, J.P., FLORIO, H. MILLER, and SCHMIDT, JJ., concur.