GEORGITSI REALTY v. PENN-STAR

No. 156.

21 N.Y.3d 606 (2013)

2013 NY Slip Op 6731

GEORGITSI REALTY, LLC, Appellant, v. PENN-STAR INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Decided October 17, 2013.


Attorney(s) appearing for the Case

The Dweck Law Firm LLP, New York City ( Jack S. Dweck and Christopher Fraser of counsel), for appellant.

Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola ( Steven Verveniotis of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM dissents in part in an opinion.


OPINION OF THE COURT

SMITH, J.

The United States Court of Appeals for the Second Circuit has asked us two questions relating to a property insurance policy covering acts of "vandalism." We answer that: (1) malicious damage within the coverage of such a policy may be found to result from acts not directed specifically at the covered property; and (2) to obtain coverage under such a policy, the insured must...

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