Victims of terrorist attacks against Israel by Hamas and the Palestine Islamic Jihad can proceed with a lawsuit accusing Bank of China Ltd. of knowingly allowing money transfers that funded the terror groups, a state judge in Manhattan has ruled.
In Keren Elmaliach v. Bank of China Ltd., 102026/09, New York Supreme Court Justice Barbara R. Kapnick ruled that while banks generally have no duty to protect non-customers from intentional wrongs committed by its customers, the plaintiffs had alleged facts suggesting that the state-owned Chinese bank was specifically told that it was funding terrorism and took no action. Kapnick also refused to dismiss the case on forum non conveniens grounds.
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