Concededly, claimant alleged facts which, if proven, would permit recovery for the damage sustained (e.g., Fox v. City of New Rochelle, 240 N.Y. 109). The question here, therefore, is whether the trial court's finding that claimant had failed to establish that the new drainage system installed by the State was the proximate cause of the damages suffered is against the weight of the evidence (Cashin v. City of New Rochelle, 256...
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