HELTZ, MARY T. v. BARRATT, BRUCE S.

I respectfully dissent in appeal No. 1 because this case does not involve a truly unavoidable accident for which the grant of summary judgment would be appropriate (see generally DeBrine v VanHarken, 83 AD3d 1437, 1438 [2011]). I would therefore reverse the order in appeal No. 1, deny defendants’ motion for summary judgment, and reinstate the first amended complaint.

Proximate cause is generally a question of fact for the jury (see Prystajko v Western N.Y. Pub. Broadcasting Assn., 57 AD3d 1401, 1403 [2008]), and “ ‘[i]t cannot be said as a matter of law that [one] driver’s conduct was the sole…