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RANK v. COLONIAL SAND & STONE CO.

74 Misc.2d 19 (1973)

Ilmar Rank, Appellant, v. Colonial Sand & Stone Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

May 11, 1973

Attorney(s) appearing for the Case

Harry Ruderman for appellant. Darby, Healey, Stonebridge & Whelan (Thomas H. Healey of counsel), for respondent.

Concur — MARKOWITZ, P. J., QUINN and FRANK, JJ.

Per Curiam.

The rights of the parties must be determined by Federal law (Garrett v. Moore-McCormack Co., 317 U.S. 239 [1942]; Riley v. Agwilines, 296 N.Y. 402 [1947]). The defendant must sustain the burden of proving that the prior recovery in the seaman's negligence action included the claim for maintenance and cure asserted here (Bartholomew v. Universe Tankships, 279 F.2d 911...

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