On March 26, 2024, the First Department issued a decision in Barzilai v. Israel Museum, 2024 NY Slip Op. 01669, holding that potential statute of limitations issues in a foreign jurisdiction was an insufficient basis for a forum non conveniens motion, explaining:
This action was properly dismissed pursuant to the doctrine of forum non conveniens. All of the parties reside outside New York and almost all of them (including most of the plaintiffs) reside outside the country; the central tortious acts occurred outside New York; all relevant documents and witnesses, including defendant’s staff are outside New York; foreign law may need to be applied; and Israel has a substantial interest in this dispute, especially given defendant’s strong ties to various Israeli government entities and other institutions. The fact that Israel may not be an available alternative forum for the replevin and conversion claims because of the expiration of the relevant Israeli statute of limitations is not dispositive — especially where, as here, the New York connection to the litigation is minimal.
(Internal quotations and citations omitted).