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

I too vote for affirmance; however, I cannot concur with the majority’s suggestion that reformation is an arbitral issue.

With the exception of a contrary dictum contained in Matter of Agora Development Corp. (Low) (19 AD2d 126), and a Federal case relying upon the dictum (American Home Assur. Co. v American Fid. & Cas. Co., 356 F2d 690), the courts of this State have consistently held that unless the parties confer the authority upon him, an arbitrator lacks power to reform or change the contract itself (Stewart-Scott Constr. Co. v Schaefer Brewing Co., 41 AD2d 788; Matter of Glenwood Jewish…