Opinion
Argued October 24, 1975
Decided December 2, 1975
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MARTIN B. STECHER, J.
Thomas R. Newman, Kenneth Heller and Benjamin H. Siff for appellant.
Daniel L. Stonebridge and Thomas H. Healey for respondent.
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.