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N.J.R. ASSOC. v. TAUSEND

No. 121.

19 N.Y.3d 597 (2012)

950 N.Y.S.2d 320

2012 NY Slip Op 5120

N.J.R. ASSOCIATES, a New York Limited Partnership, Appellant, v. NICOLE TAUSEND, a Limited Partner of N.J.R. ASSOCIATES, Respondent.

Court of Appeals of New York.

Decided June 27, 2012.

Attorney(s) appearing for the Case

Wilk Auslander LLP, New York City ( Alan D. Zuckerbrod and Eric B. LaMons of counsel), for appellant.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City ( John G. Nicolich of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur with Judge GRAFFEO; Judge SMITH concurs in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

We are asked in this case to determine what is the appropriate forum to resolve a statute of limitations challenge to counterclaims interposed in an arbitration proceeding — the arbitrator or a court. Based on the particular facts presented, we hold that the timeliness question is to be decided by the arbitrator.

I

Ronald Tausend and his two children...

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