In Velazquez v. Water Taxi (66 AD2d 691, 411 N.Y.S.2d 261 [1st Dept 1978], affd 49 NY2d 762, 403 N.E.2d 172, 426 N.Y.S.2d 467 [1980], a plaintiff chose to proceed at arbitration against thy same parties that were also named as defendants in a simultaneous legal action, for injuries sustained in a car accident (id. at 692). The plaintiff received an arbitration award in her favor and reduced it to judgment.

The Velazquez Court held that the plaintiff was collaterally estopped from prosecuting the legal action against the same parties for the injuries stemming from the same accident (id.).