LERNER v. KARAGEORGIS LINES


66 N.Y.2d 479 (1985)

Evelyn Lerner et al., Appellants, v. Karageorgis Lines, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 26, 1985.


Attorney(s) appearing for the Case

Steven R. Lapidus for appellants.

Kathleen McQuilling and Steven P. Calkins for respondent.

Graydon S. Staring, John C. McHose and Lizabeth L. Burrell for Maritime Law Association of the United States, amicus curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE and TITONE concur; Judge SIMONS taking no part.


ALEXANDER, J.

In April 1981, plaintiffs purchased tickets from a travel agent in the United States for a 14-day Mediterranean cruise on defendant's ship, the S.S. Navarino, departing from Venice on August 1. Clause 13 of the "General Conditions" of the ticket provided, in four-point type, that, inter alia, "[s]uit to recover on any claim shall not be maintainable unless commenced and process served...

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