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ELMALIACH v. BANK OF CHINA

9474, Index No. 102026/09.

110 A.D.3d 192 (2013)

971 N.Y.S.2d 504

2013 NY Slip Op 5858

KEREN ELMALIACH, Individually and as Statutory Representative of the Estate of EMI ELMALIACH, Deceased, et al., Respondents-Appellants, v. BANK OF CHINA LIMITED, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 17, 2013.

Attorney(s) appearing for the Case

Patton Boggs LLP, New York City ( Mitchell R. Berger , Daniel R. Murdock and James E. Tyrrell, Jr. of counsel), for appellant-respondent.

The Berkman Law Office, LLC, Brooklyn ( Robert J. Tolchin and Meir Katz , of the bar of the State of Maryland and District of Columbia, admitted pro hac vice, of counsel), for respondents-appellants.

SWEENY, J.P., MOSKOWITZ and RICHTER, JJ., concur.

OPINION OF THE COURT

FEINMAN, J.

Plaintiffs are 50 citizens and domiciliaries of Israel who were either injured in terrorist bombings and rocket attacks carried out by Palestine Islamic Jihad (PIJ) and Hamas in Israel between 2005 and 2007, or are family members or estates of persons killed in the attacks.1 They allege that the acts of Bank of China Limited (BOC) were a proximate...

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