Someone damaged my car while test driving it!?

I have been trying to sell my 92 previa since taking it off the road a month ago. The inspection is good until the end of this month so i figured it would be the best time to do so. Someone came to my house to test drive it (with dealer plates) and was SO rough with it. He jumped on every bumper (more than necessary) which made me uncomfortable, but he seemed so interested in buying it i figured he must know what he's doing. He was fidgeting with everything making sure it worked. He then proceeded to slam on the gas, and the car went nowhere. now i'm the only owner of this car and have NEVER had that happen to me. then the car jolted forward and stopped. He rolled down the window and told me it did it on its own. I asked him if he was sure he wasn't hitting the breaks (since that's the only way ive ever known a car to randomly jolt after the engine reving) and he said no, then proceeded to continue down the driveway. He put the car in reverse, parked in and told us he wasn't interested. After left I decided to move the car since i wasn't happy with his park job. IT WOULD NT MOVE! i looked under the dash to find my E-break was not only on, but JAMMED. the handle was literally ripped off with the e-break on. I know he did this. I just don't know what to do. I live in NY and really need help to know if I have any right to hold him responsible. I have 3 witnesses who saw him do this.