Plaintiffs do not dispute that nominal defendant Edward Baroudi, a resident of France, is a necessary party and it is evident that there exists no jurisdictional predicate for joining him in the action. Accordingly, dismissal was warranted because New York courts lack jurisdiction over a necessary party and there is an alternative forum available in Gibraltar, where, it appears, all indispensable parties can been joined ( see CPLR 1001 [b]; and see e.g. Matter of Ayres v. New York State Commr. of Taxation Fin., 252 AD2d 808, 810; cf. Rocha Toussier y Asociados, S.C. v. Rivero, 91 AD2d 137, 141).