Boyle v. Starwood Hotels & Resorts Worldwide, Inc.

Austin, J.,

dissents, and votes to reverse the order and deny the defendant’s motion, with the following memorandum:

On this appeal, the plaintiffs argue that the Supreme Court improvidently exercised its discretion in granting the defendant’s motion to dismiss the action on the ground of forum non conveniens. The majority modifies the order only to the extent of conditioning the dismissal of the action upon the defendant stipulating to accept service of process in a new action commenced collectively by the plaintiffs in the United Kingdom (hereinafter the UK), France, or the United Arab…