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PAYNE v. JUMEIRAH HOSPITALITY & LEISURE (USA), INC.

4811, 112319/08.

83 A.D.3d 518 (2011)

921 N.Y.S.2d 229

LINCOLN PAYNE, Appellant-Respondent, v. JUMEIRAH HOSPITALITY & LEISURE (USA), INC., et al., Respondents-Appellants, and W.S. ATKINS CONSULTANTS LTD., Respondent-Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 14, 2011.

Plaintiff commenced this action for personal injuries sustained in an aquatic amusement park in Dubai. The motion court, presuming, without deciding jurisdiction (see Bader & Bader v Ford, 66 A.D.2d 642, 647 [1979], lv dismissed 48 N.Y.2d 649 [1979]), providently exercised its discretion in dismissing the action on forum non conveniens grounds (see CPLR 327 [a]). The

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