Georgitsi Realty, LLC v. Penn-Star Ins. Co., No. 11-4444 (2d Cir. 2012)Annotate this Case
Plaintiff appealed from the district court's grant of summary judgment to defendant. The primary issue one appeal was whether an act performed on adjacent property that caused damage to plaintiff's property could constitute "vandalism" under plaintiff's property insurance. The subsidiary question was whether "malicious damage" could be found to result from an act not directed specifically at the insured property. The court held that certification of the malice issue to the New York Court of Appeals was warranted and certified the question.
The court issued a subsequent related opinion or order on March 12, 2014.