Noboa et al v. MSC Crociere S.p.A., et al, No. 1:2008cv02896 - Document 15 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #97483 re: 5 MOTION to Dismiss Notice of Motion to Dismiss filed by MSC Lirica, MSC Crociere S.p.A., MSC Cruises USA. For the reasons stated herein, this Court finds that defendants reasonably communicated to plaintiffs th e ticket terms and conditions affecting their right to bring suit. Thus the limitations clause of the contract is enforceable, and plaintiffs' claims are dismissed as time barred. Defendants' motion to dismiss is GRANTED. The Clerk of the Court is directed close this action. (Signed by Judge Peter K. Leisure on 5/5/09) (tro) Modified on 5/5/2009 (mro).