In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001., 2012 WL 257568 (2012) present at the time of death or injury to recover under NIED. Bovsun, 61 N.Y.2d at 233. Here, plaintiffs -- many of them the surviving family members of 9/11 victims -- allege that the defendants’ knowing material support of al-Qaeda was instrumental in allowing the organization to develop and perpetrate the 9/11 attacks, e.g., JA3779-80, and fit easily under the bystander theory. *145 Given the express allegation of a duty of care in plaintiffs’ pleadings, the clear existence of defendants’ duty under traditional tort principles, and the deferential standard afforded to the complaint at the motion to dismiss stage, Matson, 631 F.3d at 72, the Court should vacate the dismissal of plaintiffs’ negligence and NIED claims. B. The District Court Wrongly Dismissed the Intentional Tort Claims The district court dismissed plaintiffs’ intentional tort claims for assault, battery, and IED for a number of equally misguided reasons. 1. Plaintiffs’ Claims Are Not Time-Barred. The court first held that all of the Federal Ins. plaintiffs’ claims are barred because they were filed outside of New York’s one-year limitations period that applies to these intentional torts. SPA232 n.6 (Terrorist Attacks V); SPA210 (Terrorist Attacks IV); SPA101-02 (DMI-Kamel); SPA87-88 (Terrorist Attacks I); SPA53 (Terrorist Attacks I) (citing Holmes v. Lorch, 329 F. Supp. 2d 516, 523 (S.D.N.Y. 2004)); N.Y. C.P.L.R. 215(3) (McKinney 2002)). The court failed to recognize, however, that certain of the Federal plaintiffs’ claims arise from injuries suffered in Pennsylvania and Virginia. Applying New York choice-of-law principles, the district court should have *146 found the Virginia and Pennsylvania-based claims timely under those States’ two-year statutes of limitations. Fin. One Pub. Co. v. Lehman Bros. Special Fin., Inc., 414 F.3d 325, 331 (2d Cir. 2005) (where “jurisdiction is grounded in diversity, we apply the forum state’s choi