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SIMON DE LOS SANTOS, plfres, v. WESTERN BEEF SUPERMARKET INC., def-app, AND INFINITY TOWING & RECOVERY INC., def

13-396. SIMON DE LOS SANTOS, plfres, v. WESTERN BEEF SUPERMARKET INC., def-app, AND INFINITY TOWING & RECOVERY INC., def — Judgment (Donald A. Miles, J.), entered March 21, 2013, insofar as appealed from, reversed, without costs, and complaint dismissed as against defendantappellant. The Clerk is directed to enter judgment accordingly.

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13-396. SIMON DE LOS SANTOS, plfres, v. WESTERN BEEF SUPERMARKET INC., def-app, AND INFINITY TOWING & RECOVERY INC., def — Judgment (Donald A. Miles, J.), entered March 21, 2013, insofar as appealed from, reversed, without costs, and complaint dismissed as against defendantappellant. 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 defendantappellant Western Beef Supermarket’s store premises between 11:00 AM and noon on the May day in question, and immediately entered the store to buy snacks for his children; that when he finished shopping 15 or 20 minutes later, he discovered that his car was missing and had been towed; and that the car was returned to him later that afternoon, upon his payment of $175 in fees to defendant Infinity Towing & Recovery Inc.

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