De Los Santos v. Western Beef Supermarket Inc.

*32OPINION OF THE COURT

Judgment, entered March 21, 2013, insofar as appealed from, reversed, without costs, and complaint dismissed as against defendant-appellant. The Clerk is directed to enter judgment accordingly.

Plaintiff commenced this action seeking property damages allegedly resulting from the improper towing of his car, a 1993-model Mercedes-Benz, from a supermarket parking lot. At trial, plaintiff testified that he parked his car in a lot adjacent to defendant-appellant Western Beef Supermarket Inc.’s store premises between 11:00 a.m. and noon on the May day in question, and immediately…