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WILKINS v. ISBRANDTSEN LINES

46 A.D.2d 244 (1974)

Margaret A. Wilkins, as Administratrix of The Estate of William L. Wilkins, Deceased, Appellant, v. American Export Isbrandtsen Lines, Inc., Respondent, et al., Defendant

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

December 17, 1974.

Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Thomas R. Newman with him on the brief; Kenneth Heller, attorney), for appellant.

Daniel L. Stonebridge of counsel (Thomas Healey with him on the brief; Darby, Healey & Stonebridge, attorneys), for respondent.

MURPHY, TILZER and LANE, JJ., concur with CAPOZZOLI, J.; NUNEZ, J. P., dissents in an opinion.

CAPOZZOLI, J.

On this record we conclude that the United States District Court's order dismissing plaintiff's action "on the merits, and with prejudice" is binding on the courts of this State. The order of the Federal court is controlling. "The State court may not sit as an appellate court reviewing the action of the Federal court". (Ali Ben Ali v. Moore-McCormack Lines, 286 App. Div. 462, 464.) This is...

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