Majority
p. 1051Elaine Lankes, Appellant, v Hugh I.S. Miller, Sr., Respondent.
Order 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.