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WALTER LEGGE CO., INC. v. CITY OF PEEKSKILL

210 A.D.2d 317 (1994)

619 N.Y.S.2d 771

Walter Legge Company, Inc., Appellant, v. City of Peekskill, Respondent, et al., Defendant

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

December 12, 1994

Ordered that the judgment is affirmed, with costs.

The court properly granted the motion of the City of Peekskill (hereinafter the City), pursuant to CPLR 4401, for judgment as a matter of law, made after the close of the plaintiff's case. The plaintiff failed to establish that the damage to its property was caused by the City's alleged failure to properly maintain its municipal water drainage system. The fact that a natural...

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