1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 40 N.Y.2d
  5. 40 N.Y.2d 788 (1976)
 

MATTER OF SCM CORP. (FISHER PARK LANE)

40 N.Y.2d 788 (1976)

In the Matter of the Arbitration between SCM Corporation, Respondent, and Fisher Park Lane Company, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Charles G. Moerdler, Henry J. Silberberg and Vicki Z. Armet, New York City, for appellant.

Michael A. Cardozo and Mark Walfish, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN and WACHTLER concur with Judge JONES; Judge FUCHSBERG concurs in result in a separate opinion; Judge COOKE dissents and votes to reverse in another separate opinion in which Judge GABRIELLI concurs.

JONES, J.

We hold that, for purposes of applying the Statute of Limitations, a landlord's counterclaim to the tenant's demands for recovery of overpayment of rent (where that counterclaim is based on the assertion that the lease between them should be reformed) does not arise "from the transactions, occurrences, or series of transactions or occurrences" upon which the tenant's claim for overpayment of rent depends...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases