Rot v. Bank of China

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The families of Israeli students, murdered in a 2008 terror attack, filed today (Oct. 23, 2012) a billion-dollar lawsuit against the Bank of China (BOC) for intentionally providing banking services to Hamas through their New York City branch. "The banking giant knowingly assisted the Islamic group to carry out this Jerusalem attack with the full approval of the Chinese government," this according to their attorney, Nitsana Darshan-Leitner, director of Shurat HaDin – Israel Law Center.The lawsuit, which was brought to the New York State Supreme Court, is on behalf of five families who lost loved ones in the shooting attack. The suit, Rot v. Bank of China, seeks compensatory and punitive damages for the victims.On March 6, 2008, a member of the Islamic terrorist organization entered the Mercaz HaRav Yeshiva in Jerusalem and opened fire on hundreds of students with an Ak-47 assault rifle. Eight high school and seminary students were murdered and many others were wounded.

Text of Rot v. Bank of China

FILED: NEW YORK COUNTY CLERK 10/23/2012NYSCEF DOC. NO. 1

INDEX NO. 157475/2012 RECEIVED NYSCEF: 10/23/2012

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------------- X JACOB ROT, individually, as personal representative of the Estate of Roi Aharon Rot, and as the natural guardian of plaintiffs Dvir Rot, a minor, and Daniel Rot, a minor; ORLY ROT, individually, as personal representative of the Estate of Roi Aharon Rot, and as the natural guardian of plaintiffs Dvir Rot, a minor, and Daniel Rot, a minor; DVIR ROT, a minor, by his natural guardians Jacob Rot and Orly Rot; DANIEL ROT, a minor, by his natural guardians Jacob Rot and Orly Rot; ARIE ROT; MAAYAN ROT; ELISHAV AVIHAIL, individually, as personal representative of the Estate of Segav Pniel Avihail, and as the natural guardian of plaintiffs Yfah Atara Avihail, a minor, Shahak Eitam Avihail, a minor, and Liat Batia Avihail, a minor; MORIA AVIHAIL, individually, as personal representative of the Estate of Segav Pniel Avihail, and as the natural guardian of plaintiffs Yfah Atara Avihail, a minor, Shahak Eitam Avihail, a minor, and Liat Batia Avihail, a minor; YFAH ATARA AVIHAIL, a minor, by her natural guardians Elishav Avihail and Moria Avihail; SHAHAK EITAM AVIHAIL, a minor, by his natural guardians Elishav Avihail and Moria Avihail; LIAT BATIA AVIHAIL, a minor, by her natural guardians Elishav Avihail and Moria Avihail; ITZHAK COHEN, individually, as personal representative of the Estate of Nerya Cohen, and as the natural guardian of plaintiffs Tamar Cohen, a minor, Efrat Cohen, a minor, Nahama Cohen, a minor, Benaya Cohen, a minor, and Moriya Cohen, a minor; AYALA COHEN, individually, as personal representative of the Estate of Nerya Cohen and as the natural guardian of plaintiffs Tamar Cohen, a minor, Efrat Cohen, a minor, Nahama Cohen, a minor, Benaya Cohen, a minor, and Moriya Cohen, a minor; TAMAR COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; EFRAT COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; NAHAMA COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; BENAYA COHEN, a minor, by his natural guardians Itzhak Cohen and Ayala Cohen; MORIYA COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; ACHITUV COHEN; MERAV QUINT; YEHOYADA COHEN; ORIT LAIK; EDUT COHEN; HADAS SHARHABY; DROR ELDAR, individually, as personal representative of the Estate of Yonatan Yitzchak Eldar, and as the natural guardian of plaintiffs Yishai Eldar, a minor, and Gilad Eldar, a minor; AVITAL ELDAR, individually, as personal representative of the Estate of Yonatan Index No: / 12

Date Purchased: 10 / 23 / 12 Plaintiffs designate NEW YORK County as the place of trial. The basis of venue is residence of all the Defendants parties and location of their property. SUMMONS Plaintiffs reside at: c/o Nitsana Darshan-Leitner, Adv. 10 Hataas Street Ramat Gan, 52512, Israel

Yitzchak Eldar, and as the natural guardian of plaintiffs Yishai Eldar, a minor, and Gilad Eldar, a minor; DAVID SHILO ELDAR; YAIR ASHER ELDAR; DVORA GILADI; YEHUDA ELDAR; DANIEL ELDAR; YISHAI ELDAR, a minor, by his natural guardians Dror Eldar and Avital Eldar; GILAD ELDAR, a minor, by his natural guardians Dror Eldar and Avital Eldar; TUVIA LIFSHITS, individually, as personal representative of the Estate of Yochay Lifshits, and as the natural guardian of plaintiffs Amichay Lifshits, a minor, Avishay Lifshits, a minor, and Amitay Lifshits, a minor; TSOFIA PNINA LIFSHITS, individually, as personal representative of the Estate of Yochay Lifshits, and as the natural guardian of plaintiffs Amichay Lifshits, a minor, Avishay Lifshits, a minor, and Amitay Lifshits, a minor; AMICHAY LIFSHITS, a minor, by his natural guardians Tuvia Lifshits and Tsofia Pnina Lifshits; AVISHAY LIFSHITS, a minor, by his natural guardians Tuvia Lifshits and Tsofia Pnina Lifshits; AMITAY LIFSHITS, a minor, by his natural guardians Tuvia Lifshits and Tsofia Pnina Lifshits; ELYASAF LIFSHITS; and RIVKA LIFSHITS, Plaintiffs, -againstBANK OF CHINA LIMITED; BANK OF CHINA, NEW YORK; BOARD OF DIRECTORS, BANK OF CHINA LIMITED; BOARD OF SUPERVISORS, BANK OF CHINA LIMITED; BOARD OF DIRECTORS, BANK OF CHINA, NEW YORK; PRESIDENT, BANK OF CHINA, NEW YORK, in his professional capacity; CHAIRMAN, BANK OF CHINA, NEW YORK, in his professional capacity, BRANCH MANAGER, BANK OF CHINA, NEW YORK, in his professional capacity, Defendants. --------------------------------------------------------------------------------- X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, on the plaintiffs Attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York) and to file a copy of your answer with the Clerk of the above-named Court; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

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Dated:

Brooklyn, New York October 23, 2012 Yours, THE BERKMAN LAW OFFICE, LLC Attorneys for the plaintiff by: Robert J. Tolchin

Defendants addresses: SEE ATTACHED RIDER

111 Livingston Street, Suite 1928 Brooklyn, New York 11201 (718) 855-3627

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RIDER

Defendants addresses:BANK OF CHINA LIMITED 410 Madison Avenue New York, New York 10017 BANK OF CHINA, NEW YORK 410 Madison Avenue New York, New York 10017 BOARD OF DIRECTORS, BANK OF CHINA LIMITED 410 Madison Avenue New York, New York 10017 BOARD OF SUPERVISORS, BANK OF CHINA LIMITED 410 Madison Avenue New York, New York 10017 BOARD OF DIRECTORS, BANK OF CHINA, NEW YORK 410 Madison Avenue New York, New York 10017 PRESIDENT, BANK OF CHINA, NEW YORK 410 Madison Avenue New York, New York 10017 CHAIRMAN, BANK OF CHINA, NEW YORK 410 Madison Avenue New York, New York 10017 BRANCH MANAGER, BANK OF CHINA, NEW YORK 410 Madison Avenue New York, New York 10017

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X JACOB ROT, individually, as personal representative of the Estate of Roi Aharon Rot, and as the natural Index No: ___________ / 12 guardian of plaintiffs Dvir Rot, a minor, and Daniel Rot, a minor; ORLY ROT, individually, as personal VERIFIED COMPLAINT representative of the Estate of Roi Aharon Rot, and as the natural guardian of plaintiffs Dvir Rot, a minor, and Daniel Rot, a minor; DVIR ROT, a minor, by his natural guardians Jacob Rot and Orly Rot; DANIEL ROT, a minor, by his natural guardians Jacob Rot and Orly Rot; ARIE ROT; MAAYAN ROT; ELISHAV AVIHAIL, individually, as personal representative of the Estate of Segav Pniel Avihail, and as the natural guardian of plaintiffs Yfah Atara Avihail, a minor, Shahak Eitam Avihail, a minor, and Liat Batia Avihail, a minor; MORIA AVIHAIL, individually, as personal representative of the Estate of Segav Pniel Avihail, and as the natural guardian of plaintiffs Yfah Atara Avihail, a minor, Shahak Eitam Avihail, a minor, and Liat Batia Avihail, a minor; YFAH ATARA AVIHAIL, a minor, by her natural guardians Elishav Avihail and Moria Avihail; SHAHAK EITAM AVIHAIL, a minor, by his natural guardians Elishav Avihail and Moria Avihail; LIAT BATIA AVIHAIL, a minor, by her natural guardians Elishav Avihail and Moria Avihail; ITZHAK COHEN, individually, as personal representative of the Estate of Nerya Cohen, and as the natural guardian of plaintiffs Tamar Cohen, a minor, Efrat Cohen, a minor, Nahama Cohen, a minor, Benaya Cohen, a minor, and Moriya Cohen, a minor; AYALA COHEN, individually, as personal representative of the Estate of Nerya Cohen and as the natural guardian of plaintiffs Tamar Cohen, a minor, Efrat Cohen, a minor, Nahama Cohen, a minor, Benaya Cohen, a

minor, and Moriya Cohen, a minor; TAMAR COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; EFRAT COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; NAHAMA COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; BENAYA COHEN, a minor, by his natural guardians Itzhak Cohen and Ayala Cohen; MORIYA COHEN, a minor, by her natural guardians Itzhak Cohen and Ayala Cohen; ACHITUV COHEN; MERAV QUINT; YEHOYADA COHEN; ORIT LAIK; EDUT COHEN; HADAS SHARHABY; DROR ELDAR, individually, as personal representative of the Estate of Yonatan Yitzchak Eldar, and as the natural guardian of plaintiffs Yishai Eldar, a minor, and Gilad Eldar, a minor; AVITAL ELDAR, individually, as personal representative of the Estate of Yonatan Yitzchak Eldar, and as the natural guardian of plaintiffs Yishai Eldar, a minor, and Gilad Eldar, a minor; DAVID SHILO ELDAR; YAIR ASHER ELDAR; DVORA GILADI; YEHUDA ELDAR; DANIEL ELDAR; YISHAI ELDAR, a minor, by his natural guardians Dror Eldar and Avital Eldar; GILAD ELDAR, a minor, by his natural guardians Dror Eldar and Avital Eldar; TUVIA LIFSHITS, individually, as personal representative of the Estate of Yochay Lifshits, and as the natural guardian of plaintiffs Amichay Lifshits, a minor, Avishay Lifshits, a minor, and Amitay Lifshits, a minor; TSOFIA PNINA LIFSHITS, individually, as personal representative of the Estate of Yochay Lifshits, and as the natural guardian of plaintiffs Amichay Lifshits, a minor, Avishay Lifshits, a minor, and Amitay Lifshits, a minor; AMICHAY LIFSHITS, a minor, by his natural guardians Tuvia Lifshits and Tsofia Pnina Lifshits; AVISHAY LIFSHITS, a minor, by his natural guardians Tuvia Lifshits and Tsofia Pnina Lifshits; -2-

AMITAY LIFSHITS, a minor, by his natural guardians Tuvia Lifshits and Tsofia Pnina Lifshits; ELYASAF LIFSHITS; and RIVKA LIFSHITS, Plaintiffs, -againstBANK OF CHINA L