The United States is not the proper venue for a lawsuit against an international hotel chain brought by European tourists who allegedly contracted Legionnaire’s Disease after their stay in a Dubai hotel, said a divided state appellate panel.

Though a 3-1 Appellate Division, Second Department panel affirmed a lower court’s dismissal on inconvenient forum grounds, it modified the ruling to let the pair of plaintiffs bring the suit either in France, the United Kingdom or the United Arab Emirates.