Defendant, as limited by its brief, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated February 28, 2007, which denied its cross motion to dismiss the complaint.

Per Curiam.

Order (Jeffrey K. Oing, J.), dated February 28, 2007, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Forum selection clauses in cruise ship contracts of passage are "generally enforceable" under federal maritime law (Lischinskaya v Carnival Corp., 56 AD3d 116, 120 [2008]; see Carnival Cruise Lines, Inc. v Shute, 499 US 585, 593 [1991]), and we see no obstacle to the enforcement of the Florida forum selection clause undisputedly contained in the passenger ticket here involved. The ticket contract issued to plaintiff, which included broad merger and no-waiver provisions, was not obviated or superseded by any vaguely described (and unproduced) baggage claim forms that may have been provided to plaintiff on the penultimate day of the cruise, where the forms, according to plaintiff, related solely to the pickup and transfer of plaintiff's luggage to her "ultimate outbound flight," and in the absence of any direct allegation that the forms were prepared by defendant or bore its logo or letterhead. Nor is an impediment to dismissal found in defendant's submission of an exemplar passenger ticket, where there is no dispute as to the presence of the forum selection clause in the ticket contract originally issued to plaintiff (see Thomson v Rubenstein, 31 AD3d 434, 436 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: June 10, 2009