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

I concur in the reasoning of the majority to the extent that it holds that, were it to reach the landlord’s counterclaim, an arbitrator would have the power under a broad arbitration clause to grant the landlord’s claim for reformation. I dissent, however, because, I submit, the Statute of Limitations should not be applied to bar the landlord’s "Fifth Defense” in arbitration.

With respect to counterclaims, the relevant portion of the statute provides: "if the defense or counterclaim arose from the transactions, occurrences, or series of transactions or occurrences, upon which a claim asserted…