We return to a central question concerning the "sole proximat­e cause" defense, one that has puzzled the bar for 20 years. Now, with last year's Court of Appeals decision in Bonczar v. American Multi-Cinema, 38 NY3d 1023 [2022] … the issue still remains completely unresolved since the Bonczar court did not reach it.

However, Bonczar presents a new issue that arises in many construction litigation cases but is far broader than construction litigation, and far broader than personal injury litigation. Really, the issue can arise in any case in which a party moves for dismissal or summary judgment and fails to obtain that relief.