New York Court of Appeals
In the Matter of the Arbitration between SCM Corporation, and Fisher Park Lane Company
December 2, 197640 N.Y.2d 788
Summary
The Court affirmed the stay of arbitration because the landlord's counterclaim for lease reformation was barred by the six‑year statute of limitations, and held that, if reached, an arbitrator under the broad arbitration clause would have authority to grant reformation. Justice Cooke dissented, arguing the limitations period should not apply, and Justice Fuchsberg concurred in the result but disagreed that reformation is within arbitrators' power.