The complaint seeking to set aside an arbitration award is barred on the basis of res judicata and collateral estoppel. On plaintiff's previous appeal, in which he sought the same relief, the Appellate Division rejected the same argument that he makes in this action, namely, that the award is invalid and must be set aside under CPLR article 75 because the arbitration proceeding was improper and because the arbitrator's findings were unsupported by the record and were arbitrary and capricious. The fact that plaintiff has pleaded different causes of action and included new parties is of no consequence. Although the parties in both actions are not identical, plaintiff, the party against whom preclusion is sought, was a party in the earlier action. In addition, the current claims are based on the same transaction as in the earlier action, and, therefore, are barred, even though they are based upon different theories.
Dowlah v. American Arbitration Assn., NY Slip Op 05658 (1st Dep't November 9, 2023)
