Baumis v. General Motors Corp.

Mikoll, J. (dissenting). I respectfully dissent. In *791my view the trial court’s decision to refuse to admit into evidence certain rebuttal proof offered by plaintiff was based on that court’s erroneous earlier rulings concerning plaintiff’s burden of proof and whether arson and murder were affirmative defenses. These erroneous rulings impaired the court’s exercise of discretion and, thus, reversal and a new trial should be ordered (see People v Kennedy, 47 NY2d 196, 205-206; People v Davis, 44 NY2d 269, 275-276). Had the trial court properly treated arson and murder as affirmative defenses, its…