WILKINS v. AMERICAN EXPORT ISBRANDTSEN LINES

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 4; §§ 64-65).

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

Order affirmed, with costs, in a memorandum.