Summary
In Schroeder v. Holland-America Cruises, 171 N.J. Super. 584, 585 (App.Div. 1980), we upheld the time limitation for filing suit contained in a passage contract.
Summary of this case from Mirra v. Holland America LineOpinion
Argued January 3, 1980 —
Decided January 16, 1980.
Appeal from The Superior Court, Law Division, Essex County.
Before Judges FRITZ, KOLE and LANE.
Jerrold D. Goldstein argued the cause for appellant ( Goldstein, Toto Samson, attorneys).
Charles M. James argued the cause for respondent ( James Addas, attorneys).
The only question involved in this appeal is whether the time limitation for the commencement of suit expressly incorporated in the terms and conditions of a "passage contract" (passenger ticket) for a cruise on shipboard, to which terms and conditions the attention of the passenger is plainly and definitely directed by an "IMPORTANT NOTICE TO PASSENGERS" printed on the cover and reciting acceptance of those terms and conditions by the passenger, controls as a matter of law. In entering summary judgment for defendant, the trial judge answered that question in the affirmative. We agree. Geller v. Holland-America Lines, 201 F. Supp. 508 (S.D.N.Y. 1961), aff'd 298 F.2d 618 (2 Cir. 1962), cert. den. 370 U.S. 909, 82 S.Ct. 1256, 8 L.Ed.2d 403 (1962).
Affirmed.