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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
829
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
recruiting donations to the Holy Land
Foundation, a known supporter of Hamas,
distributing pro-Hamas literature, and fea-
turing pro-Hamas speakers at their meet-
ings); see also Burnett [, 274 F.Supp.2d at
107 (noting the complaint in Bowm was
quite specific in its allegation of a causal
link). Under a conspiracy theory, the
Plaintiffs have to allege that the Defen-
dants were involved in an agreement to
accomplish an unlawful act and that the
attacks of September 11 were a reasonably
foreseeable consequence of that conspira-
cy. See Bowm IIT, 340 F.Supp.2d at 895
(framing analysis as what plaintiffs have to
prove to succeed on summary judgment).
Plaintiffs do not have to allege that Defen-
dants knew specifically about the Septem-
ber 11 attacks or that they committed any
specific act in furtherance of that attack.
Id.
5. Wrongful Death and Survival
[81] New York Estates, Powers and
Trusts Law governs Plaintiffs’ claims of
wrongful death and survival. “The per-
sonal representative ... of a decedent who
is survived by distributees may maintain
an action to recover damages for a wrong-
ful act, neglect or default which caused the
decedent’s death against a person who
would have been liable to the decedent by
reason of such wrongful conduct if death
had not ensued.” N.Y. Est. Powers &
Trusts § 54.1 (McKinney 2002); see also
N.Y. Est. Powers & Trusts § 11-3.2(b)
(McKinney 2002) (outlining survival claim:
“No cause of action for injury to person or
property is lost because of the death of the
person in whose favor the cause of action
existed. For any injury an action may be
brought or continued by the personal rep-
resentative of the decedent.”). According-
ly, the Court finds that if Plaintiffs are
personal representatives and their allega-
tions sufficiently allege that Defendants
supported, aided and abetted, or conspired
with the September 11 terrorists, they will
have also stated claims for wrongful death
and survival.
6. Assault and Battery and Inten-
tional Infliction of Emotional Dis-
tress
[82] The Federal Plaintiffs bring
claims of assault and battery and inten-
tional infliction of emotional distress. The
Burnett and Ashton Plaintiffs also allege
claims of intentional infliction of emotional
distress. The statute of limitations for
assault and battery and intentional inflic-
tion of emotional distress is one year.
Holmes v. Lorch, 329 F.Supp.2d 516, 523
(S.D.N-Y.2004); N.Y. C.P.L.R. 2150)
(McKinney 2002). The Federal Plaintiffs
filed their complaint on September 10,
2008, nearly two years after September 11,
2001. Accordingly, their assault and bat-
tery and intentional infliction of emotional
distress claims are dismissed against the
SAAR Network and Arab Bank.
[83, 84] “Under New York law, a claim
for intentional infliction of emotional dis-
tress requires a showing of () extreme
and outrageous conduct; (2) intent to
cause, or reckless disregard of a substan-
tial probability of causing, severe emotion-
al distress; (8) a causal connection be-
tween the conduct and the injury; and (4)
severe emotional distress.” Stuto v. Fle-
ishman, 164 F.3d 820, 827 @d Cir.1999)
(citing Howell v. New York Post Co. 81
N.Y.2d 115, 121, 596 N.Y.S.2d 350, 612
N.E.2d 699 (1993)). “ ‘Liability has been
found only where the conduct has been so
outrageous in character, and so extreme in
degree, as to go beyond all possible bounds
of decency, and to be regarded as atro-
cious, and utterly intolerable in a civilized
society.” Jd. (quoting Howell, 81 N.Y.2d
at 122, 596 N.Y.S.2d 350, 612 N.E.2d 699).
Courts are to determine whether the al-
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| Indexed | 2026-02-04T16:33:23.806779 |