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Botial v. Ace Navigation Company

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2000
271 A.D.2d 373 (N.Y. App. Div. 2000)

Opinion

April 27, 2000.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered January 7, 1999, which granted the motion of defendants Ace Navigation Co. and Carnival Corporation/Seacrest Associates (Carnival) to dismiss the complaint, unanimously affirmed, without costs.

Stephen C. Glasser, for plaintiff-appellant.

Peter A. Junge, for defendants-respondents.

SULLIVAN, P.J., NARDELLI, TOM, WALLACH, SAXE, JJ.


Inasmuch as forum selection clauses in maritime actions are routinely enforced (see, e.g., Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595; Marinechance Shipping, Ltd. v. Sebastian, 143 F.3d 216, cert denied 525 U.S. 1055), we see no obstacle to the enforcement of the Philippines forum selection clause in the contract of employment signed by plaintiff, a Philippine national. Thus, the complaint was properly dismissed.

Having affirmed dismissal of the complaint on this ground, we do not reach the issues of whether the court had jurisdiction or New York was an inconvenient forum.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Botial v. Ace Navigation Company

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2000
271 A.D.2d 373 (N.Y. App. Div. 2000)
Case details for

Botial v. Ace Navigation Company

Case Details

Full title:RENATO D. BOTIAL, PLAINTIFF-APPELLANT, v. ACE NAVIGATION COMPANY, INC., ET…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 27, 2000

Citations

271 A.D.2d 373 (N.Y. App. Div. 2000)
707 N.Y.S.2d 825

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