Tribeca Lending Corp. v. James E. McCormick

I agree wholeheartedly with the majority’s resolution of the first certified question. The majority is correct in concluding that the statute of limitations provided by W. Va.Code § 38-l-4a (2006) (Repl.Vol.2011) simply does not apply to the facts of this case. However, I part ways with my brethren with respect to the majority’s disposition of the second certified question. I absolutely cannot agree with the majority’s determination that the counterclaims asserted by Mr. McCormick in response to Tribeca’s first and second unlawful detainer actions were untimely.

In this case, Tribeca filed an…