Citation Numbers: 38 N.Y.2d 758
Filed Date: 12/2/1975
Status: Precedential
Modified Date: 1/12/2023
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
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed, with costs, in a memorandum.