The following e-filed documents, listed by NYSCEF document number (Motion 003) 5, 6, 14, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 89 were read on this motion to/for DISM ACTION/INCONVENIENT FORUM. DECISION + ORDER ON MOTION u pon the foregoing documents, and after oral argument which occurred on October 24, 2023 with Katherine A. Skeele, Esq. appearing for Plaintiff Unirea Shopping Centre S.A. (“Plaintiff”) and Diane Chan, Esq. appearing for Defendants Carmen Palade Adamescu (“Carmen”), Rani Palade Adamescu (“Rani”) (together, the “Individual Defendants”) and Tycoon Development, LLC (“Tycoon”) (together with the Individual Defendants, “Defendants”), Defendants’ March 10, 2023 motion for an Order dismissing this action with prejudice on the ground of forum non conveniens is denied. I. Background and Procedural History Plaintiff is a Romanian company with its principal place of business in Bucharest, Romania (NYSCEF Doc. 60 at 5). Plaintiff is “without a presence in the U.S. and all of its representatives [are] located outside of the U.S.” (NYSCEF Doc. 62 at 2). Defendant Carmen is a citizen of Romania and currently resides in Romania (NYSCEF Doc. 57 at 2). Carmen was a director of Plaintiff from 2002 until August 31, 2017 (NYSCEF Doc. 60 at 11). Further, Carmen is the mother of Defendant Rani (Id.), and the stepmother of Bogdan Alexander Ademescu (“Alexander”), who is the current Chairman and CEO of Plaintiff (NYSCEF Doc. 58 at 2). Rani is a citizen of Romania who currently resides in Greece (NYSCEF Doc. Id.). Defendant Tycoon is a New York Corporation (NYSCEF Doc. 57 at 4). In 2012 Carmen and Rani created Defendant Tycoon for the sole purpose of acquiring an apartment located at 845 United Nations Plaza, Unit 75D, New York, New York (the “Apartment”) (Id.). Rani is the owner and sole member of Tycoon (Id.). Tycoon has no employees, no operations, and no offices, and its sole asset is the Apartment (Id. at 5). Plaintiff contends that Carmen was removed from her position as Chairman and CEO of Plaintiff based on allegations that she caused Plaintiff to enter into multiple fraudulent contracts with shell companies that she controlled with Rani (NYSCEF Doc. 71 at 6-7). Through these fraudulent contracts, Plaintiff claims that Carmen embezzled millions of dollars from Plaintiff (NYSCEF Doc. 60 at 58). Further, Defendants Carmen and Rani are currently the subjects of an ongoing criminal investigation by the Prosecutor’s Office at the Bucharest Tribunal in Romania for purportedly embezzling from and defrauding Plaintiff while Carmen was at the company (NYSCEF Doc. 14 at
