Defeating Iran in New York Courts

New York has long been a hub for banking and finance, hosting some of the most prominent financial institutions in the world. As a result, the state’s laws have evolved to offer plaintiffs a broad range of legal grounds for filing claims against banks. Javitch Law Office and New York Lawyer Paul Kerston are looking for New York importers who have been affected by increased shipping prices from Iran’s belligerent behavior. Kerston’s entire article that was printed in the Queens Bar Journal is attached here

How New York Banking Law 200-b Applies to Importers

Paul Kerston's idea revolves around using New York State Banking Law Section 200-b, which provides expansive legal standing to sue foreign banks for "any cause of action." This law allows plaintiffs, including New York residents and businesses, to bring legal claims against foreign banks operating in New York.

For importers, this is significant because the law enables businesses affected by geopolitical events—such as increased shipping costs due to conflict-funded by foreign banks—to seek redress. Kerston highlights that foreign banks like Bank Melli Iran, which have branches in New York and are implicated in funding attacks that disrupt global trade, can be held accountable under this law.

This allows New York courts to have jurisdiction over international matters that affect local businesses, such as increased costs or logistical disruptions, providing a legal avenue for importers affected by rerouted shipping and increased costs due to foreign interference.

Looking for Plaintiffs: Importers of Ocean Cargo to New York Affected by Increased Shipping Costs

Are you a business or individual that imports goods via ocean freight to New York? The recent geopolitical turmoil has significantly impacted shipping routes, especially in the Red Sea, causing increased costs for importers worldwide. Maersk, one of the world’s largest shipping companies, has had to reroute its vessels, leading to delays and higher expenses for those shipping goods to ports like New York.

Why Is This Happening?

In January 2024, multiple Maersk ships were attacked by Houthis missiles while transiting through the Red Sea. Although the U.S. Navy repelled these attacks, Maersk announced that it would reroute its ships around the Horn of Africa to avoid further danger. While this decision ensures the safety of cargo, the longer routes mean additional costs, delays, and logistical complications for importers.

How You May Be Impacted

These changes have caused a ripple effect on businesses that rely on international shipping to New York. Whether you import raw materials, finished goods, or machinery, you may be facing higher shipping fees, extended transit times, and disrupted supply chains. This is especially critical for importers of perishable goods or time-sensitive shipments.

Seeking Legal Action

We are investigating potential legal actions on behalf of businesses and importers affected by these increased shipping costs. Under New York law, plaintiffs have the right to sue foreign entities for any cause of action. If you import cargo via ocean freight to New York, you may have grounds to seek compensation for the additional costs you’ve incurred due to these shipping disruptions.

If you import goods and have been impacted by these rerouting issues, contact our office today to explore your legal options.

                             

                               Defending the Pax Americana

                                                      By Paul E. Kerson

From 1945 to today, we are living in the Pax Americana. In 1941, the Government of Japan attacked Pearl Harbor. In 1942, the Government of Germany sent U- boars (submarines) to the East Coast of the United States, sinking more than 100 trading ships off the East Coast ofNorth America, in the Gulf of Mexico and in the Caribbean Sea. The United States was attacked from both the Atlantic and the Pacific at approximately the same time.

Thereafter, there has been a national consensus ro have a Pentagon that could make certain that this kind of double attack could never happen again. The United States Navy has been built up to the extent that it polices the shipping lanes of the world so that free trade is preserved. See Google, Wikipedia, Pearl Harbor, U.S. Air Force fighting U-boats in American waters, U.S. Navy policing sea lanes.
On January 23, 2024, the Pax Americana was seriously attacked. The 6200-ton A.P. Moller Maersk A/S, the giant Danish world-wide shipping company Detroit ship and rhe 2474-ton Maersk Chesapeake ship were attacked by Houthis missiles in the Red Sea. In the week prior to January 23, 2024, the Hourhis attacked ships belonging to the Eagle Bulk Shipping Company and theGenco Shipping and Trading Company. See Google, Paul Peachy, “Maersk ships in U.S. Navy convoy forced to retreat under Houthis missile attack”, Trade Winds — the Global Shipping News Source January 24, 2024. The U.S. Navy quickly repelled these attacks.
Despite the fact that the U.S. Navy successfully repelled these attacks, Maersk announced that it would no longer send its numerous ships through the Red Sea but would rather reroute them around rhe Horn of Africa. Maersk is so big and carries so many goods for so many countries around the world that this additional rerouting of ships will cause additional shipping costs and worldwide inflation.
The significance of these January 2024 attacks on Maersk, Eagle Bulk Shipping and Genco Shipping cannot be underestimated.
Where did all this come from? Readers will be shocked to know that these attacks were funded by the Bank Melli Iran located at 767 Fifth Avenue, New York, New York 10153.
How could the Pan Americana be attacked by a bank in New York?
There is a very complicated answer to a seemingly simple question.

After the victory in 1945, the United States led rhe world in establishing the United Nations headquartered here in New York City. Following the United Nations was an ambassador and an embassy from virtually every country in the world. Following that was a bank branch from nearly every country in rhe world. New York, already a national banking center, became major international banking center where all the banks of the world did business with each other. It is essential to every country in the world to have onc of its leading banks maintain a branch in New York.
So, Bank Melli Iran has a branch at 767 Fifth Avenue, New York, New York 10153. It does business with all the other major banks of rhe world.

Our New York State Legislature in Albany reacted to this major development in the history of New York City in 1964. Our New York State Legislature passed New York Stare Banking Law Section 200-b (1) which provides as follows:
"An action or proceeding against a foreign banking corporation may be maintained by a resident of this state for any cause of action. ..” (emphasis added)
This statute has world-wide ramifications. It places our New York Stare Courts in charge of any and all wrongful activities by foreign bank branches located in New York.
The attack by the Houthis was funded by the Bank Melli Iran. The Bank Medli Iran has also funded Hamas and Hezbollah, terrorist organizations that regularly attack the State of Israel. This is also really an attack on the Pax Americana as attacks on military allies of the United States Government cannot be tolerated.

The United States Government knows all about the terrorist activities of Bank Melli Iran of 767 Fifth Avenue, New York, New York 10153. Our U.S. Treasury Department and U.S. Justice Department tried to bring thc Bank Mclli Iran tu justice in U.S. u. Assa Co. Ltd., 934 F. 3d 185 (2d Cir. 2019) and In Re 650 fifth Avenue, 934 F. 3d 147 (2d Cir. 2019). Generally speaking, the United States Court of Appeals for the Second Circuit would not allow these cases to proceed because of the limited jurisdiction of Federal Courts.
Our New York Stare Legislature has given our New York State Courts completely unlimited jurisdiction over foreign bank branches “for any cause uf action” the broadest grant of jurisdiction possible all set forth so succinctly in New York State Banking Law Section 200-b (1).

There is no question but that the wrongful activities of Bank Melli Iran of 767 Fifth Avenue, New York, New York 10153 has impacted every international airline and trucking company at Kennedy Airport right here in Queens County, New York that does business with major shipping companies, that would be all of them.

Where the Pax Americana is threatened, we cannot rely totally on the United States Government. In the Federalist Papers, number 82,one of our founders, Alexander Hamilton, explained that in matters of this type, the State and Federal Courts were to have concurrent jurisdiction. New York Stare Banking Law Section 200-b (1) is an echo of Federalist Number 82 reverberating through time.
I propose that we use our home court, the Queens County Supreme Court, to enforce thc Pay Americana which has been so beneficial to every resident on this planet. The Pax Americana resulted in the “Green Revolution” doubling the wheat production of wheat plants all over the world and rhe “computer revolution” providing personal computers and cell phones all around the world in large numbers thus increasing knowledge itself in science, technology agriculture, health and every subject under the sun. The world has improved so dramatically from 1945 to date because the United States Navy has protected world trade in double barreled wheat plants, cell phones, computers and everything else under the sun. It is worth preserving, even if the Federal Government has trouble doing so.

Printed below is a draft Complaint for all of our members to use if approached by international shipping, airline and mucking companies located at Kennedy Airport in Jamaica, Queens County, New York to bring the Bank Melli Iran to justice.

If the Bank Melli Iran of 767 Fifth Avenue, New York, New York 10153 is hit with enough lawsuits because of all the damage they have caused to the Pax Americana, perhaps they will reconsider their policy of foreign adventurism and cease funding attacks upon the outstanding work of the United States Navy in protecting our world-wide distribution of enhanced wheat plants, cell phones, computers and every other modern device which has made our world a far betrer place.

If approached by a shipping, airline or trunking company at Kennedy Airport, do not hesitate. Bring the Bank Melli Iran of 767 Fifth Avenue, New York,
New York 10153 to justice. A draft Complaint is attached. (The Plaintiff ABC is fictitious.)


SUPREME COURT OF THE STATE OF
NEW YORK
COUNTY OF QUEENS

x-----------------------------------------------------------x
ABC SHIPPING COMPANY, INC.
                                               Plaintiff,

                       -against-

BANK MELLI IRAN,
                                              Defendant.

x-----------------------------------------------------------x

COMPLAINT

Plaintiff, ABC Shipping Company, Inc. (ABC) by its attorney, Paul E. Kerson, Esq. of the Law Offices of Leavitt, Kerson & Sehati, Esqs., as for its Complaint against Defendant states as follows:


PARTIES

1. At all times hereinafter mentioned. Plaintiff, ABC is a foreign corporation doing business as
an international shipping company in the State of New York pursuant to the laws and Constitution of the State of New York and maintaining its offices for the conduct of its business at John F. Kennedy International Airport, Jamaica, Queens County, New York 11430.


2. At all times hereinafter mentioned, Plaintiff ABC is an international shipping company headquartered in the Netherlands that maintains offices in 98 countries around the world with 90,000 employees and numerous ships, airplanes and trucks in its control.


3. At all times hereinafter mentioned, Defendant Bank Melli Iran was and is a foreign banking corporation maintaining an office for the conduct of its business at 767 Fifth Avenue, New York, New York 10153. The said Detendant, Bank Melli Iran is 100 percent owned by the Government of Iran. See Google, Bank Melli Iran.


JURISDICTION

4. The jurisdiction of this Court is invoked pursuant to New York State Banking Law Section 200-b (1) which provides as follows:

"An action or proceeding against foreign banking corporation may be maintained by a resident of this state far any cause of action. For purposes of subdivision one, the term “resident of this state”  shall include any corporation formed under any law of this state.” (emphasis added).


FACTS

5. In 1941, the Government of Japan sought to disrupt international world trade by bombing Pearl Harbor, Hawaii,a territory of the United States Government. See Google, Wikipedia, Pearl Harbor.

6. In 1942, the Government of Germany dispatched submarines called U-boats of the coast of Suffolk County, Long Island, New York and the States of North Carolina and South Carolina to disrupt international world shipping, More than 100 ships were sunk by German U-boats off  the east coast of North America, in the Gulf of Mexico and in the Caribbean Sea. See Google, National Museum of the U.S. Air Force, Fighting U-Boats in American Waters.

7. In 1935-1945, the Government of Germany instituted death camps throughout Europe seeking to exterminate those they regarded as inferior: Jews, Gypsies, homosexuals, physically and mentally disabled people, and political dissidents. This horrific activity is commonly called the Holocaust. See Google, Holocaust.

8. World War II occurred. The United States Government was victorious. Thereafter, the United States Navy commenced policing the shipping lanes of the Earth in ensure that world trade could carry on uninterrupted.                                                                                                                                                                          

9. Commencing in 1945 when the United States Navy started to police the sea lanes of the world, and up to and including today, there has been trade in the world at an unprecedented level, resulting in great advances in science and technology, agriculture, health, and prosperity of the world. This period of time, since 1945 is known by historians as “The Pax Americana”. See Google, Pax Americana.

10. Among the outstanding achievements of The Pax Americana was and is the work of the late Prof. Norman Borlaug (1914-2009), Professor of International Agriculture at Texas A & M University. Professor Borlaug invented "high yield disease Resistant wheat variations" which doubled the yield of wheat plants all over the world thanks to the free trade protections of the United States Navy. Prof. Borlaug's work became known as “the Green Revolution’ for which he was awarded the Nobel Peace Prize, the Presidential Medal of Freedom and the Congressional Gold Medal. Prof. Borlaug is known in history as the "man who saved a billion lives." See Google, Wikipedia, Norman Borlaug.

11. Among the technological achievements of the Pax Americana is the invention and world-wide distribution of the personal computer and cell phone bringing new information about everything and anything to individuals all around the planet, again thanks to the free trade protections of the United States Navy. This part of The Pax Americana is known as “The Computer Revolution". See Google, Computer Revolution, Encyclopedia.com.

12. On or about 2023, the Defendant Bank Melli Iran began funding the Houthis of Yemen and encouraged them to militarily attack commercial ships in the Red Sea, requiring a response from the United States Navy. The leading worldwide shipping company, A.P. Moller Maersk A/S (Maersk) of Denmark then announced that it would no longer use the Red Sea for international commercial shipping, and would instead route its ships around the Horn of Africa, thus increasing the cost of virtually everything that is shipped by ocean freighter all over the world, disrupting the world economy. This attack on commercial shipping in the Red Sea was a direct attack on The Pax Americana.

13. On or about January 23, 2024, the 6200-ton Maersk Detroit and 2474-ton Maersk Chesapeake ships were attacked by Houthis missiles financed  by Defendant Bank Melli Iran. Both the Maersk Detroit and the Maersk Chesapeake were turned around and retreated to the  Gulf of Aden. There was an explosion 100 meters away from  the Maersk Detroit. The United States Central Commandized  three anti-ship ballistic missiles in response.The United States Navy itself is a major Maersk customer. Maersk  is enrolled in the United States Maritime Administration (MARAD) Maritime Security Program providing for United States Navy Protection for international shipping.

14. In the week prior to this January 23, 2024 act of war, the Houthis attacked ships belonging ter Eagle Bulk Shipping Company and Genco Shippingand Trading Company. In response, United States and British forces Launched airstrikes against Houthis storage, missile and surveillance sites. See Google, Paul Peachey, “Maersk Ships in U.S. Navy Convoy Forced to Retreat underHouthis Missile Attack:” Trade Winds—the Glabal ShippingNeues Source, January 24, 2024.

15. The Defendant Bank Melli Iran also imposed a terrorist government on the Palestinian people of Gaza such that they have not been permitted to vote for the past 18 years and live under the thumb of a gang  of murderers called Hamas. On October 7, 2023, Defendant funded a Hamas  attack upon the State of Israel which cost 1143 lives and the Defendant-funded Hamas took 252 hostages, many of whom still remain in captivity. See Google, Wikipedia Hamas.

16.This caused a response by the Israel Defense Forces (IDF) resulting in numerous Gazan casualties, all provoked by this Defendant's funding of Hamas. See Google, Wikipedia, 2023 Hamas-led attack on Israel.

17. This Defendant has also funded Hezbollah, a terrorist group in Lebanon, to attack Northern Israel repeatedly. See Google, Wikipedia, Hezbollah.

18. This Defendant also funded the Iranian air attack of April 13, 2024 upon the Palestinian residents of the State of Israel and the Jewish residents of the State of Israel who are integrated into one prosperous economy. Without any regard for the lives ob the Palestinian citizens of the State of Israel for whom they claim to speak, this Defendant financed an air attack so fierce that it included 320 drones, 30 cruise missiles and 120 ballistic missiles. and required the joint efforts of the Air Forces of Saudi Arabia, jordan , France, Britain, Israel and the United States in order to repel. Had any of these bombs and missiles landed, it would have been Holocaust II. This April 13, 2024 attack was a direct military attack on Thc Pax Americana. See Google, Wikipedia, 2024 Iranian Strikes against Israel.

19. Following the attack of the Houthis of Yemen on commercial ships in the Red Sea, several of Maersk's ships were damaged despite protection from the United States Navy. Thereafter, Maersk decided it could no longer sail its numerous ships in the Red Sea and had to resort to an alternate much longer route around the Horn of Africa, causing the Plaintiff many millions of dollars in damages for extra fuel supplies, extra days pay for its employees, and loss of business due to longer shipping times and additional shipping delays.

20. The United States Treasury Department and the United States justice Department tried to limit the activities of this Defendant in extensive litigation, but the United States Government's efforts in this regard were denied. See U.S.v. Assa Co. Ltd., 934 F.3d 185(2d Cir. 2019) and In Re 650 Fifth Avenue, 934 F. 3d 147 (2d Cir. 2019).

AS AND FOR A FIRST CAUSE OF ACTION FOR THE BUSINESS TORT OF INTERFERENCE WITH BUSINESS RELATIONSHIPS

21.Plaintiff repeats, reiterates and realleges paragraphs 1 through 20 as if more fully ser forth herein.

22. The above-listed acts of the Defendant Bank Melli Iran constitute the business tort of interference with the business relationships of the Plaintiff ABC and all of its customers seeking shipping through the Red Sea, and all of ABC's related and interconnected airplanes and trucks located at John F. Kennedy International Airport in jamaica, Queens County, New York all to Plaintiff's damage ina sum in excess of the jurisdictional limits of all courts which might otherwise exercise jurisdiction in this matter.


AS AND FOR A SECOND CAUSE OF ACTION FOR PRIVATE AND PUBLIC NUISANCE

23. Plaintiff repeats, reiterates and realleges paragraphs 1 through 22 of the Complaint as if more fully set forth herein.

24. The above-listed wrongful acts of the Defendant Bank Melli Iran constitute both a private and public nuisance. The wrongful arming of the Houthis, Hezbollah and Hamas caused the interference with Plaintiff ARC's customers shipping goods in the Red Sea constituted a private nuisance as to ABC and its customers.

25. The above-listed acts of the Defendant Bank Melli Iran constituted a public nuisance affecting the public health, safety and welfare of all of ABC's customers shipping and seeking to ship goods of all descriptions on ABC's ships through the Red Sea and all of the ABC's related and interconnected airplanes and trucks located at John F. Kennedy International Airport in jamaica, Queens County, New York.

26. This creation of a private and public nuisance by the Defendant Bank Melli Iran caused the above- listed damages to the Plaintiff ABC in a sum in excess of the jurisdictional limits of all lower courts which might otherwise exercise jurisdiction in this matter.

WHEREFORE, Plaintiff demands Judgment:

a) For a Temporary Restraining Order, Preliminary Injunction and Permanent Injunction pursuant to New York Civil Practice Law and Rules (CPLR) Article 63, Sections 6301 and 6311 closing the New York Branch of the Defendant Bank Melli Iran until such time as the said Defendant agrees to cease funding the Houthis, Hezbollah, and Hamas, and any and all terrorist organizations attacking The Pax Americana, and

b) For a money Judgment on the First Cause of Action in a sum exceeding the jurisdictional limits of all lower courts which might otherwise exercise jurisdiction in this matter for the business tort of interfering with Plaintiff AP C's relationships with its customers shipping goods and seeking to ship goods in the Red Sea, and all of AB C's related and interconnected airplanes and trucks located at john F. Kennedy International Airport located in jamaica, Queens County, New York.

c) For a money judgment ina sum exceeding the jurisdictional limits of all lower courts which might otherwise exercise jurisdiction in this matter on the second cause of action for the wrongful creation of both a private and public nuisance, thus damaging the Plainriff ABC and

d) For the cost, interest, disbursements and attorneys' fees in this action, and

e) For such other and further relief as to the Court may seem just and proper.

-----------------------------------------------------------------------------------------------------------------
PAUL E.KERSON
Leavitt, Kerson & Sehati
Attorneys for Plaintiff
118-35 Queens Boulevard, Suite 950
Forest Hills, New York 11375
Phone: (718) 793-8822
Fax: (718) 520-8544
kersonpaul@ao1.com