Opinion
May 19, 1998
Appeal from the Supreme Court, New York County (Herman Cahn, J.)
The motion court properly applied the six-month-from disembarkation period of limitations for claims other than loss of life and bodily injury set forth in the tickets defendant issued to plaintiffs. "A passenger ticket for an ocean voyage constitutes a maritime contract" ( Feingold v. Cunard Line, 767 F. Supp. 84, 85 [D NJ], citing, inter alia, The Moses Taylor, 4 Wall [71 US] 411, 427 [1866]), and, as such, should not be subject to varying State limitations rules regardless of whether the alleged wrongs occurred on navigable water or whether the general character of the alleged wrongs has a substantial relationship to traditional maritime activity ( cf., Lerner v. Karageorgis Lines, 66 N.Y.2d 479, 484-485). Plaintiff's claim that the six-month period should be equitably tolled is without merit, particularly given that they concede being apprised of the facts underlying their claim well within the six-month period. We have considered plaintiffs remaining contentions and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Nardelli, Wallach and Rubin, JJ.