Zinner v. Advance Parking Services

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, and the matter is remitted to the District Court for the entry of a judgment dismissing the action.

Plaintiff left his car with employees of defendant Advanced Parking Services, defendant Prime Restaurant’s valet parking service. When plaintiff later retrieved his vehicle, he discovered that $3,600 in cash, which he had left in the center console of his vehicle, was missing. Plaintiff commenced this small claims action to recover the principal sum of $3,600. After a nonjury trial, the District Court found…