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United States District Court for the Eastern District of New York
March 10, 2011, Decided; March 11, 2011, Filed
MEMORANDUM & ORDER
MAUSKOPF, United States District Judge.
Plaintiff Keren Habinyon Hachudosh D'Rabeinu Yoel of Satmar BP ("Plaintiff"), a subsidiary of United Talmudic Academy ("UTA"), brings this action against Philadelphia Indemnity Insurance Co. ("Defendant"). Plaintiff alleges that Defendant is liable for $1,294,947.14 in damages to Plaintiff's insured property at 25 West Street ("25 West"), which was vandalized and looted on or about October 7, 2007. (Pl.'s Mot. for Summ. J. ("PI. Mot.") ¶ 2.) Defendant maintains that it is not liable for the damage because, at the time of the incident, the building was vacant as defined in the insurance policy, and thus excluded from coverage under the terms of the policy. (Def.'s Cross-Mot. for Summ. J. ("Def. Mot.") 8.) Plaintiff now moves for summary judgment to compel recovery. Defendant [*2] cross-moves for summary judgment seeking dismissal of Plaintiff's complaint. For the reasons set forth below, Plaintiff's motion for summary judgment is denied, and Defendant's cross-motion for summary judgment is granted.
Plaintiff added 25 West to its insurance policy in April of 2004 under the description "High School." (Def. Mot. Ex. C, at 1.) The policy included commercial property and/or general liability insurance for eleven premises associated with the Plaintiff's "specialty/trade school." (Pl. Mot. Ex. C, at 1, 3.) The policy provides that Defendant will not be liable for theft or damage from vandalism where a building is vacant, as defined in the insurance policy. (Id. at 20.) In relevant part, the policy states:
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2011 U.S. Dist. LEXIS 25172 *; 2011 WL 891347
KEREN HABINYON HACHUDOSH D'RABEINU YOEL OF SATMAR BP, Plaintiff, - against - PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant.
Subsequent History: Affirmed by Keren Habinyon Hachudosh D'Rabeinu Yoel of Satmar BP v. Phila. Indem. Ins. Co., 2012 U.S. App. LEXIS 3002 (2d Cir. N.Y., Feb. 16, 2012)
customary, teacher, summary judgment, insurance policy, vacancy, restaurant, vandalism, storage, vacant, electricity, visited, theft