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  5. 38 N.Y.2d 758 (1975)
 

WILKINS v. AM. EXP. ISBRANDTSEN LINES, INC.

38 N.Y.2d 758 (1975)

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

Court of Appeals of the State of New York.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Thomas R. Newman, Kenneth Heller and Benjamin H. Siff for appellant.

Daniel L. Stonebridge and Thomas H. Healey for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

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 N.Y. 207; see Restatement, Judgments, § 63, Comment b, Illustration...

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