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GLENRIVER, INC. v. WINCHESTER GLOBAL TRUST COMPANY LIMITED

28 A.D.3d 517 (2006)

813 N.Y.S.2d 488

GLENRIVER, INC., Appellant, v. WINCHESTER GLOBAL TRUST COMPANY LIMITED, as Trustee of FACTORED RECEIVABLES TRUST, et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The doctrine of collateral estoppel precludes the plaintiff from relitigating the issue of whether the claims asserted in this action are subject to arbitration. Collateral estoppel applies when the issues necessarily decided in a prior action and the issues in the present action are identical, and were fully and fairly litigated (see Buechel v. Bain, 97 N.Y.2d 295

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