1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 56 A.D.3d
  5. 56 A.D.3d 116 (2008)
 

LISCHINSKAYA v. CARNIVAL

56 A.D.3d 116 (2008)

865 N.Y.S.2d 334

VIKTORIYA LISCHINSKAYA, Appellant, v. CARNIVAL CORPORATION, Doing Business as CARNIVAL CRUISE LINES, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 2008.

Attorney(s) appearing for the Case

Jeffrey J. Shapiro & Associates, LLC, New York City (Seligson, Rothman & Rothman [Martin S. Rothman and Alyne I. Diamond], of counsel), for appellant.

Bennett, Giuliano, McDonnell & Perrone, LLP, New York City (Joseph J. Perrone of counsel), for respondent.

SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.P.

This appeal presents two issues with respect to a contractual forum selection clause. First, does a forum selection clause in a cruise ship contract of passage that limits an injured passenger to suit in federal court, where such jurisdiction is available, and allows a state court action only where it is not, violate either the Saving to Suitors Clause of the Judiciary...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases