Datasets:
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
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