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THOMAS BOYLE ap, v. STARWOOD HOTELS & RESORTS WORLDWIDE, INC., res

THOMAS BOYLE ap, v. STARWOOD HOTELS & RESORTS WORLDWIDE, INC., res — (INDEX NO. 3607/11)In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Walker, J.), entered September 21, 2011, which granted the defendant's motion to dismiss the action on the ground of forum non conveniens pursuant to CPLR 327(a).

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THOMAS BOYLE ap, v. STARWOOD HOTELS & RESORTS WORLDWIDE, INC., res — (INDEX NO. 3607/11)In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Walker, J.), entered September 21, 2011, which granted the defendant’s motion to dismiss the action on the ground of forum non conveniens pursuant to CPLR 327(a).

ORDERED that the order is modified, on the facts and in the exercise of discretion, by adding a provision thereto conditioning the grant of the defendant’s motion on the defendant stipulating (1) to accept service of process in a new action commenced by the plaintiffs in the United Kingdom, France, or the United Arab Emirates upon the same causes of action as those asserted in the instant complaint, or, in the alternative, at the choice of the individual plaintiffs, to accept service of process in a new action or actions commenced separately by the plaintiffs in the United Kingdom, France, or the United Arab Emirates upon the same causes of action as those asserted separately on behalf of the individual plaintiffs in the instant complaint, and (2) to waive any defenses, including that of the statute of limitations, which were not available in New York at the time of the commencement of this action, all provided that the new action or actions are commenced within 30 days after service of the stipulation upon the plaintiffs; as so modified, the order is affirmed, with costs payable to the defendant; in the event that the defendant fails to so stipulate within 60 days after service upon it of a copy of this decision and order, then the order is reversed, on the facts and in the exercise of discretion, with costs payable to the plaintiffs, and the motion is denied.

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