Elmaliach v. Bank of China, Ltd

In Elmaliach v. Bank of China, Ltd., 110 AD3d 192 (1st Dep't 2013) the defendant was the bank that "helped to facilitate the transfer of millions of dollars between terrorist groups outside Israel and their operatives inside Israel." Elmaliach, 110 AD3d at 195. The asserted causes of action were based on statutes "prohibiting the provision of material support to terrorist organizations." Elmaliach, 110 AD3d at 196. The Court also held that: "On a motion to dismiss pursuant to CPLR 3211(a) (7), the court accepts as true, the facts as alleged in the complaint and affidavits in opposition to the motion, accords the plaintiff the benefit of every possible favorable inference, and determines only whether the facts as alleged manifest any cognizable legal theory"