Federal Express Corporation, third-party defendant-appellant. v. << (2009)

In an action to recover damages for personal injuries, the third-party defendant Federal Express Corporation appeals from an order of the Supreme Court, Kings County (Miller, J.), dated March 31, 2008, which denied its motion for summary judgment dismissing the third-party complaint and cross claims insofar as asserted against it.

ORDERED that the order is affirmed, with costs.

 The Supreme Court properly denied the third-party defendant's motion for summary judgment dismissing the third-party complaint, as the third-party defendant failed to submit evidence sufficient to demonstrate its prima facie entitlement to judgment as a matter of law (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642;  Adams v. Lemberg Enters., Inc., 44 A.D.3d 694, 843 N.Y.S.2d 432).  “[O]wners of improperly parked cars may be held liable to plaintiffs injured by negligent drivers of other vehicles, depending on the determinations by the trier of fact on the issues of forseeability and proximate cause unique to the particular case” (Reuter v. Rodgers, 232 A.D.2d 619, 648 N.Y.S.2d 989;  see Somersall v. New York Tel. Co., 52 N.Y.2d 157, 167, 436 N.Y.S.2d 858, 418 N.E.2d 373). The issue of whether the third-party defendant's employee was negligent in double-parking his delivery truck and, if so, whether the negligence was a proximate cause of the accident should be submitted to the jury (see Ferrer v. Harris, 55 N.Y.2d 285, 293-294, 449 N.Y.S.2d 162, 434 N.E.2d 231;  Adams v. Lemberg Enters., Inc., 44 A.D.3d at 694, 843 N.Y.S.2d 432;  Petrone v. County of Nassau, 305 A.D.2d 569, 759 N.Y.S.2d 363;  Murray-Davis v. Rapid Armored Corp., 300 A.D.2d 96, 752 N.Y.S.2d 37;  Jordan v. Aviles, 288 A.D.2d 347, 348, 734 N.Y.S.2d 89;  Giordano v. Sheridan Maintenance Corp., 38 A.D.2d 552, 553, 328 N.Y.S.2d 241).

The third-party defendant's remaining contentions are without merit.