STEELE v. TOWN OF HEMPSTEAD

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.