Ordered that the order is reversed insofar as appealed from, on the law, with costs, by deleting therefrom the provision directing the Town of Smithtown to provide discovery and inspection of postaccident repairs and remedial measures.
Evidence of subsequent repairs and remedial measures is not discoverable or admissible in a negligence case unless, unlike in this case, there is an issue of maintenance or control (see, Cacciolo v Port Auth.,
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