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HOUSE_OVERSIGHT_023405

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In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001., 2012 WL 257568 (2012) York, courts determine the “threshold question” of whether a duty of care exists “by balancing factors, including [1] the *141 reasonable expectations of parties and society generally, [2] the proliferation of claims, [3] the likelihood of unlimited or insurer-like liability, [4] disproportionate risk and reparation allocation, and [5] public policies affecting the expansion or limitation of new channels of liability.” Hamilton v. Beretta U.S_A. Corp., 96 N.Y.2d 222, 232 (2001), opinion after certified question answered, 264 F.3d 21 (2d Cir. 2001) (internal quotation marks and citation omitted). A defendant may have a duty of care with respect to a third-party’s actions “where there is a relationship either between defendant and a third-person tortfeasor that encompasses defendant’s actual control of the third person’s actions, or between defendant and plaintiff that requires defendant to protect plaintiff from the conduct of others.” Jd. at 233. For example, New York recognizes the doctrine of negligent entrustment, whereby One who supplies directly or through a third person a chattel for the use of another whom the supplier knows or has reason to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them. Restatement (Second) of Torts (1965), § 390. See Splawnik v. DiCaprio, 540 N.Y.S.2d 615, 616-17 (N.Y. App. Div. 1989) (citing the negligent *142 entrustment doctrine and holding defendant liable for leaving gun with suicide victim because “the supplier owes a duty to foreseeable parties to withhold the chattel from the entrustee’). Here, where defendants are alleged to have known -- or at least been on notice of facts supporting a conclusion regarding -- the terr

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