¹ The Shah died while the motion was pending before Special Term and no party has been substituted to represent him. Accordingly, the appeal should be dismissed (CPLR 1021).

² Defendant argues that the Court lacks personal jurisdiction over her, even though shewas served in accordance with applicable state law, because her contacts with this statewere insufficient under modern standards of due process (see Shaffer v Heitner, 433 US 186, 203-204). Special Term rejected this argument and defendant has cross appealed. The appeal does not lie, however, because defendant is not aggrieved by the Appellate Division's order (see Cohen & Karger, Powers of the New York Court of Appeals [rev ed], 91, p 395).

³ The statute reads as follows: When the court finds that in the interest of substantial justice the action should be heard in another forum, the court, on the motion of any party, may stay or dismiss the action in whole or in part on any conditions that may be just. The domicile or residence of any party inthis state shall not preclude the court from staying or dismissing the action.