In re the Arbitration between Shearson Lehman Bros. & Rinzler

*774OPINION OF THE COURT

Stephen G. Crane, J.

May a defendant who has prevailed on a motion to stay an action and compel arbitration of plaintiffs claims in the complaint therein apply to stay, on the grounds of limitations, the very arbitration it succeeded in compelling? CPLR 7503 (b) quite clearly answers this question in the negative, and the only forum remaining open for such a defendant to assert the Statute of Limitations is the arbitration itself. (CPLR 7502 [b]; 8 Weinstein-Korn-Miller, NY Civ Prac ¶ 7502.11, at 75-93; Siegel, NY Prac § 590, at 948 [2d ed].)

Respondent, Beatrice Rinzler…