US-New YorkCan a cruise that departs from New York be sued in NY courts?
Yes, a cruise that departs from New York can generally be sued in New York courts under the state's long-arm statute and federal maritime law.
What the Law Says
New York’s long-arm statute allows its courts to exercise personal jurisdiction over out-of-state defendants who transact business in the state — including cruise lines that market, sell, and depart voyages from New York.
Under New York Civil Practice Law and Rules (CPLR) § 302(a)(1), a court may exercise jurisdiction over a non-domiciliary who 'transacts any business within the state' — and courts have consistently held that selling cruise packages and departing from a New York port satisfies this requirement.
Federal maritime law also supports jurisdiction: because cruise contracts are maritime contracts and departure from a New York port establishes a substantial connection to the forum, federal courts sitting in New York routinely accept jurisdiction — especially when the cruise line has continuous and systematic contacts with the state (e.g., offices, agents, advertising).
However, even if jurisdiction is proper, a defendant may ask the court to dismiss under the doctrine of forum non conveniens — arguing another forum (e.g., Florida or the cruise line’s home country) is more appropriate. But New York courts weigh factors like plaintiff’s residence, location of evidence, and convenience — and often deny dismissal when the voyage originates in New York.
Statutory TextA court may exercise personal jurisdiction over any non-domiciliary … who in person or through an agent … transacts any business within the state …
— N.Y. C.P.L.R. § 302(a)(1) — Long-arm jurisdiction
What Courts Have Said
New York and federal courts have repeatedly upheld jurisdiction over cruise lines based on New York departures, marketing, and ticket sales.
Court denied motion to dismiss, holding that Royal Caribbean’s sale of cruises departing from Bayonne, NJ (a short distance from NYC) plus extensive New York marketing and ticketing established sufficient contacts for jurisdiction under CPLR 302(a)(1).
Affirmed jurisdiction where Carnival marketed and sold the cruise in New York, and the voyage departed from Manhattan; court emphasized that ‘departure point is a significant contact’ under both state and federal law.
What to Do
Confirm the cruise departed from a New York port (e.g., Manhattan Cruise Terminal, Brooklyn Cruise Terminal, or Port of Albany).
Gather evidence of the cruise line’s New York contacts: ads, brochures, website targeting NY residents, local agents, or ticket purchases made in NY.
File suit in New York Supreme Court (state) or U.S. District Court for the Southern or Eastern District of New York (federal), depending on citizenship and claims.
Anticipate a forum non conveniens motion — prepare affidavits and evidence showing NY’s strong interest and convenience.
Serve the defendant within 120 days (federal) or 45 days (NY state) after filing, using methods permitted by CPLR 311 or FRCP 4.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.