| --- |
| title: "House Oversight: Estate Documents (Nov 12) (HOUSE_OVERSIGHT_017894)" |
| source: "House Oversight: Estate Documents (Nov 12)" |
| sourceUrl: "https://www.justice.gov/epstein" |
| date: "2026-01-01" |
| category: "House Oversight" |
| eftaNumber: "HOUSE_OVERSIGHT_017894" |
| ocrPages: 1 |
| ocrChars: 3697 |
| ocrElapsed: 0.0 |
| parseTier: "external-legacy" |
| engine: "engine undisclosed (ep-nov-12.greg.technology mirror)" |
| externalSource: "greg-ep-nov-12" |
| externalLicense: "not granted" |
| externalCredit: "ep-nov-12.greg.technology" |
| externalUrl: "https://ep-nov-12.greg.technology" |
| --- |
| |
| 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 with the September 11 terrorists, they will |
| Foundation, a known supporter of Hamas, |
| have also stated claims for wrongful death |
| distributing pro-Hamas literature, and fea- |
| and survival. |
| turing pro-Hamas speakers at their meet- |
| ings); see also Burnett I, 274 F.Supp.2d at |
| 6. Assault and Battery and Inten- |
| 107 (noting the complaint in Boim was |
| tional Infliction of Emotional Dis- |
| quite specific in its allegation of a causal |
| link). Under a conspiracy theory, the |
| Plaintiffs have to allege that the Defen- |
| [82] The Federal Plaintiffs bring |
| dants were involved in an agreement to |
| claims of assault and battery and inten- |
| accomplish an unlawful act and that the |
| tional infliction of emotional distress. The |
| attacks of September 11 were a reasonably |
| Burnett and Ashton Plaintiffs also allege |
| foreseeable consequence of that conspira- |
| claims of intentional infliction of emotional |
| cy. See Boim III, 340 F.Supp.2d at 895 |
| distress. |
| The statute of limitations for |
| (framing analysis as what plaintiffs have to |
| assault and battery and intentional inflic- |
| prove to succeed |
| on summary judgment). |
| tion of emotional distress is one year. |
| Plaintiffs do not have to allege that Defen- |
| Holmes v. Lorch, 329 F.Supp.2d 516, 523 |
| dants knew specifically about the Septem- |
| (S.D.N.Y.2004); N.Y. C.P.L.R. 215(3) |
| ber 11 attacks or that they committed any |
| (McKinney 2002). The Federal Plaintiffs |
| specific act in furtherance of that attack. |
| filed their complaint on September 10, |
| Id. |
| 2003, nearly two years after September 11, |
| 2001. Accordingly, their assault and bat- |
| 5. Wrongful Death and Survival |
| tery and intentional infliction of emotional |
| [81] New York Estates, |
| Powers and |
| distress claims are dismissed against the |
| Trusts Law governs Plaintiffs' claims of |
| SAAR Network and Arab Bank. |
| wrongful death and survival. |
| "The per- |
| sonal representative ... of a decedent who |
| [83, 84] "Under New York law, a claim |
| is survived by distributees may maintain |
| for intentional infliction of emotional dis- |
| an action to recover damages for a wrong- |
| tress requires a showing of (l) extreme |
| ful act, neglect or default which caused the |
| and outrageous conduct; (2) intent to |
| decedent's death against a person |
| cause, or reckless disregard of a substan- |
| would have been liable to the decedent by |
| tial probability of causing, severe emotion- |
| reason of such wrongful conduct if death |
| al distress; (3) a causal connection be- |
| had |
| not ensued." N.Y. Est. |
| Powers |
| tween the conduct and the injury; and (4) |
| Trusts § 5-4.1 (McKinney 2002); see also |
| severe emotional distress." Stuto v. Fle- |
| N.Y. Est. Powers & Trusts § 11-3.2(b) |
| ishman, 164 F.3d 820, 827 (2d Cir.1999) |
| (McKinney 2002) (outlining survival claim: |
| (eiting Howell v. New York Post Co., 81 |
| "No cause of action for injury to person or |
| N.Y.2d 115, 121, 596 N.Y.S.2d 350, 612 |
| property is lost because of the death of the |
| N.E.2d 699 (1993)). "'Liability has been |
| person in whose favor the cause of action |
| found only where the conduct has been so |
| existed. For any injury an action may be |
| outrageous in character, and so extreme in |
| brought or continued by the personal rep- |
| degree, as to go beyond all possible bounds |
| resentative of the decedent."). According- |
| of decency, and to be regarded as atro- |
| ly, the Court finds that if Plaintiffs are |
| cious, and utterly intolerable in a civilized |
| personal representatives and their allega- |
| society.?" Id. (quoting Howell, 81 N.Y.2d |
| tions sufficiently allege that Defendants |
| at 122, 596 N.Y.S.2d 350, 612 N.E.2d 699). |
| supported, aided and abetted, or conspired |
| Courts are to determine whether the al- |
| HOUSE_OVERSIGHT_017894 |
|
|
