Legal Opinion
Wilkins v. American Export Isbrandtsen Lines, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1974PublishedCited by 4 opinions
1Opinion of the CourtCapozzoli, 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 particularly so in the instant case in view of the affirmance of the order dismissing plaintiff’s action by the United States Court of Appeals for the Second Circuit and its earlier denial of a motion…
2Cases cited3 opinions
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Grubb v. Public Util. Comm'n of OhioSupreme Court of the United States · 1930
- Ben Ali v. Moore-McCormack Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
3Cited by4 opinions
- Browning Debenture Holders' Committee v. DASA Corp.District Court, S.D. New York · 1978
- American Bank & Trust Co. v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1975
- Weisz v. LevittAppellate Division of the Supreme Court of the State of New York · 1977
- In re the Estate of FennerAppellate Division of the Supreme Court of the State of New York · 1975