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Schroeder v. Cruises

New Jersey Superior Court, Appellate Division


Decided: January 16, 1980.

KATHLEEN SCHROEDER, PLAINTIFF-APPELLANT,
v.
HOLLAND-AMERICA CRUISES, DEFENDANT-RESPONDENT

On appeal from Superior Court of New Jersey, Law Division, Essex County.

Fritz, Kole and Lane.

Per Curiam

[171 NJSuper Page 585] 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

[171 NJSuper Page 586]

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.

19800116


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