In Lischinskaya v. Carnival Corp., 56 A.D.3d 116 (2nd Dept. 2008) the Appellate Division, Second Department, enforced a forum selection clause upon its finding that: "Carnival's participation in this litigation did not waive the defense afforded by the forum selection clause. Having raised the defense in its answer, Carnival was entitled to rely on it later in the litigation ) and was not under any obligation to move on it more quickly than it did . If the plaintiff desired a more prompt resolution of the issue, she could have moved to strike the defense on the same grounds that she asserts in response to Carnival's motion (see CPLR 3211[b]), but she did not do so."