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.