Wilkins v. American Export Isbrandtsen Lines, Inc.

| NY | Dec 2, 1975

Memorandum. A prior court’s dismissal of the negligence claim on the merits, in this instance by a Federal court which under Federal procedure dismissed on the merits, precludes the plaintiff from litigating the unseaworthiness claim in another court (cf. De Coss v Turner & Blanchard, 267 NY 207; see Restatement, Judgments, § 63, Comment b, Illustration 4; §§ 64-65).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.