Appellate Division of the Supreme Court of the State of New York June 10, 1996 (City of Newburgh v. Travis)

*498While we disagree with the court’s reasoning, we agree that the court properly denied the petition to stay arbitration because the determination made in a prior action is binding.

Here, Robert Travis, a police officer employed by the petitioner, was involved in a motor vehicle accident wherein he allegedly sustained serious physical injuries.