Lodal, Inc. v. Home Insurance

Judgment, Supreme Court, New York County (Martin Schoenfeld, J.), entered January 22, 2003, which dismissed the petition brought pursuant to CPLR 7503 (b) to permanently stay arbitration, unanimously affirmed, with costs.

“Under the doctrine of res judicata or collateral estoppel, a party is barred from relitigating in a state action a claim or issue that is identical to that litigated and resolved in a prior federal action” (73A NY Jur 2d, Judgments § 428, at 193). Petitioner contends that respondent “lost,” i.e., waived or abandoned, its claim for reimbursement by failing to “counterclaim”…