This section contains the nature of the case and procedural background.

P allegedly was injured while a passenger aboard the S/S ENCHANTED SEAS during the voyage from New Orleans, to Cozumel, Grand Caymen, and Jamaica. D seeks to dismiss or to transfer this action because the forum selection clause in P's passage contract states that all disputes 'shall be litigated, if at all, before a court located in the State, City, and County of New York to the exclusion of the courts of any other country, states, city or county.' P opposes the motion.

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