The record establishes that plaintiff's claim arises from his sale of a cooperative apartment in Southampton, New York, in Suffolk County; the documentary evidence and witnesses are primarily located in Suffolk County; and that the claims lack a substantial nexus to New York City. Plaintiff's residence in New York County is outweighed by the remaining relevant factors (see Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, 478–479 [1984], cert. denied 469 U.S. 1108 [1985] ), including the burden on Civil Court's congested calendars of retaining a case to which it does not have a substantial nexus (see Wild v. University of Pa., 115 AD3d 944, 946 [2014] ). However, in order to assure the availability of a forum for this action, we have conditioned the dismissal as indicated (see CPLR 327[a] ; Wild v. University of Pa., 115 AD3d at 946 ). We have considered plaintiff's arguments and find them unavailing.

burden is on the movant to demonstrate the relevant private or public interest factors that militate against a New York court's acceptance of the litigation" (Wild v Univ. of Pennsylvania, 115 A.D.3d 944, 945 [2d Dept 2014]).

Forum Non Conveniens Alternatively, inter alia, defendants move for dismissal of the action in its entirety pursuant to CPLR 327, arguing that New York is an inconvenient forum for the parties and non-party witnesses, that the subject events took place in Israel and evidence relating thereto is located in that country, much of which is in the Hebrew language which would require extensive translation, as well as interpreters at trial, that the Shareholder Agreement of 2001 provides for the application of Israeli law and that retaining the claims in this court would impose an unreasonable burden on the courts of New York, citing Wild v. University of Pennsylvania (115 AD3d 944 [2d Dept 2014] ). Much of defendants' argument raises the same concerns applicable to the jurisdictional issues, i.e., that the events at issue have no real nexus with New York, all relevant events having occurred in Israel, and, further, that Israel, which has the greatest interest in the outcome of the litigation, also provides an adequate forum for the adjudication of the dispute, which is currently engaged in determining several related litigations and arbitrations.

Considering all of the relevant factors, including the fact that the plaintiff primarily received medical treatment for her alleged injuries in New Jersey, we find no basis to disturb the court's determination to dismiss the action insofar as asserted against the respondents on forum non conveniens grounds (seeChang Jin Park v. Cho, 153 A.D.3d at 1312, 60 N.Y.S.3d 482 ). However, we agree with the plaintiff that the Supreme Court's dismissal should have been conditioned on the respondents' stipulation to the waiver of jurisdictional and statute of limitations defenses as indicated herein (seeWild v. University of Pa., 115 A.D.3d 944, 946, 983 N.Y.S.2d 58 ). MASTRO, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ., concur.

The burden was on the defendants to show that "considerations relevant to private or public interest militate against accepting or retaining the litigation" ( Matter of OxyContin II, 76 A.D.3d 1019, 1021, 908 N.Y.S.2d 239 ). Factors to consider are the residency of the parties, potential inconvenience to proposed witnesses, especially nonparty witnesses, availability of an alternative forum, the situs of the actionable events, the location of the evidence, and the burden that retaining the case would have on New York courts (seeWild v. University of Pa., 115 A.D.3d 944, 945–946, 983 N.Y.S.2d 58 ). Here, the defendants asserted no facts other than that the nonresident plaintiffs were out-of-state residents.

A court may stay or dismiss an action where it finds, in the "interest of substantial justice," that the action "should be heard in another forum" ( CPLR 327[a] ; seeIslamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, 478–479, 478 N.Y.S.2d 597, 467 N.E.2d 245 [1984], cert denied 469 U.S. 1108, 105 S.Ct. 783, 83 L.Ed.2d 778 [1985] ; Gozzo v. First Am. Tit. Ins. Co., 75 A.D.3d 953, 954, 905 N.Y.S.2d 702 [2010] ). The application of this doctrine is discretionary and requires the balancing of several factors to ensure that a plaintiff's claims have "a substantial nexus with New York" ( Martin v. Mieth, 35 N.Y.2d 414, 418, 362 N.Y.S.2d 853, 321 N.E.2d 777 [1974] ; seeWild v. University of Pa., 115 A.D.3d 944, 945–946, 983 N.Y.S.2d 58 [2014] ; Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d at 478–479, 478 N.Y.S.2d 597, 467 N.E.2d 245 ). "No one factor is controlling" ( Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d at 479, 478 N.Y.S.2d 597, 467 N.E.2d 245 [citations omitted]; seeGozzo v. First Am. Tit. Ins. Co., 75 A.D.3d at 954, 905 N.Y.S.2d 702 ).

In light of the substantial contacts with California, we favorably exercise our discretion to grant defendant's motion to dismiss on the ground of forum non conveniens (3H Enters. v. Bennett, 276 A.D.2d 965, 715 N.Y.S.2d 90 [2000], lv. denied 96 N.Y.2d 710, 726 N.Y.S.2d 373, 750 N.E.2d 75 [2001] ; U.S. Mdse., Inc. v. L & R Distribs., Inc., 122 A.D.3d 613, 996 N.Y.S.2d 83 [2014] ). In order to assure the availability of forum for the action, we have conditioned the dismissal as indicated (see CPLR 327[a] ; Wild v. University of Pennsylvania, 115 A.D.3d 944, 946, 983 N.Y.S.2d 58 [2014] ) THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

In light of the substantial contacts with California, we favorably exercise our discretion to grant defendant's motion to dismiss on the ground of forum non conveniens ( 3H Enters. v Bennett, 276 AD2d 965 [2000], lv denied 96 NY2d 710 [2001]; U.S. Mdse., Inc. v L & R Distribs., Inc., 122 AD3d 613 [2014]). In order to assure the availability of forum for the action, we have conditioned the dismissal as indicated ( see CPLR 327[a]; Wild v University of Pennsylvania, 115 AD3d 944, 946 [2014]

National Bank & Trust Co. of N. Am. v. Banco De Viscava, 72 N.Y.2d 1005, 1007 (1988), quoting CPLR 327(a). The burden is on the moving party to demonstrate that relevant public or private interest factors militate against a New York court's acceptance of the action. Wild v. University of Pennsylvania, 115 A.D.3d 944 (2d Dept 2014). When making its determination, the Court must weigh the following factors: (1) the residency of the parties, (2) the potential hardship to witnesses, "including, especially nonparty witnesses" (Wild v. University of Pennsylvania, supra at 945), (3) the availability of an alternate forum; (4) the situs of the events underlying the instant action, (5) the location of evidence, (6) the burden that retaining the case would impose upon New York courts.

Therefore, for the foregoing reasons, Defendant's motion to dismiss is GRANTED on condition that he stipulate to waiving enforcement of the forum selection clause in the parties' lease agreement and any statute of limitations defenses that may have arisen while this case has been pending until sixty days from the date of entry of this order. (Wild v. University of Pennsylvania, 115 AD3d 994 [2nd Dept 2014] [upholding dismissal but modifying to condition dismissal based on the defendant's waiver of jurisdictional and statute of limitations defenses] ). Accordingly, it is hereby