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BEST CHEESE CORPORATION v. ALL-WAYS FORWARDING INT'L. INC.

24 A.D.3d 580 (2005)

808 N.Y.S.2d 694

BEST CHEESE CORPORATION, Plaintiff, v. ALL-WAYS FORWARDING INT'L. INC., et al., Defendants and Third-Party Plaintiffs-Appellants. HAPAG-LLOYD CONTAINER LINIE GMBH et al., Third-Party Defendants-Respondents.

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

December 19, 2005.

Ordered that the order is affirmed, with costs.

Although we affirm the order appealed from, we do so on a different factual ground than the Supreme Court. In light of the exclusive and mandatory forum selection clause in the express cargo bill and sea waybills, which was, prima facie, valid and enforceable, New York was not a proper forum in which the appellants could file their third-party complaint (see Fleet Capital...

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