In re the Arbitration between Medina Power Co. & Small Power Producers, Inc.

Order and judgment insofar as appealed from unanimously reversed on the law without costs, stay vacated and parties directed to proceed to arbitration. Memorandum: Supreme Court erred in granting petitioner’s application for an order pursuant to CPLR 7503 (b) permanently staying arbitration on the ground that a prior arbitration award is res judicata of the issues raised in the instant proceeding. The doctrine of res judicata applies only to issues resolved in the prior arbitration (see, Rembrandt Indus. v Hodges Intl., 38 NY2d 502, 504); the parties are barred “from relitigating only those…