In O'Toole v. County of Sullivan (255 AD2d 799), the municipality was found to have improperly patched the sidewalk, curb and roadway where the plaintiff fell, leaving a dangerous condition of uneven, rough paving. These were instances of active negligence sufficient to avoid the prior notice provision. But, they are substantially different from what has been held to be the passive negligence of failing to attend to ice on the road or to give warning of its danger.