In re the Arbitration between SCM Corp. & Fisher Park Lane Co.

We hold that, for purposes of applying the Statute of Limitations, a landlord’s counterclaim to the tenant’s demands for recovery of overpayment of rent (where that counterclaim is based on the assertion that the lease between them should be reformed) does not arise "from the transactions, occurrences, or series of transactions or occurrences” upon which the tenant’s claim for overpayment of rent depends. Accordingly in this instance, the landlord’s attempted supplemental submission to arbitration of its claim for relief in the nature of reformation was properly stayed, on timely application…