¶1Order unanimously affirmed without costs. Memorandum: The order of Supreme Court must be affirmed. On the record before us, we are unable to determine whether defendant’s counterclaim is barred by limitation of time. (Appeal from order of Supreme Court, Erie County, Fallon, J. —arbitration.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.
162 A.D.2d 1051
Lankes v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1990
Appellate Division of the Supreme Court of the State of New York · decided 1990-06-22
Decided 1990-06-22