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STEELE JR. v. TOWN OF HEMPSTEAD

266 A.D.2d 451 (1999)

698 N.Y.S.2d 875

BRIAN A. STEELE, JR., an Infant, by His Father and Natural Guardian, BRIAN A. STEELE, SR., et al., Appellants, v. TOWN OF HEMPSTEAD et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 22, 1999.

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...

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