United States Second Circuit

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Georgitsi Realty, LLC v. Penn-Star Insurance Company, 11-4444

In action by plaintiff-building owner against defendant-insurer brought under a policy covering acts of vandalism, the question of whether "malicious damage" may be found to result from an act not directed specifically at the insured property is certified to the New York Court of Appeals, where the issue: 1) has not been previously decided; 2) has broad implications for insurance disputes under New York law; 3) will determine the outcome of this appeal; and 4) will help conclude this litigation.

Appellate Information

  • Decided 12/21/2012
  • Published 12/21/2012




  • United States Second Circuit