Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the motion which was to preclude the defendant from offering proof of the lack of prior notice of the defect in the paved walkway as a defense, and substituting therefor a provision granting that branch of the motion and precluding the defendant from offering proof of the lack of prior notice, actual or constructive, of the defect in the paved walkway as a defense...
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