Celestin v. American Transit Insurance

OPINION OF THE COURT

Charles J. Markey, J.

The legal issue of first impression raised by this small claims case is whether a driver of a taxicab, who allegedly lost his job after an insurer canceled a policy held by the taxicab company, has standing to sue the insurer for his lost wages.

Upon review of the papers, and the oral argument held on August 21, 2002, the defendant American Transit Insurance Company (ATIC) moves, pursuant to CPLR 3211 and 3212, for dismissal of the complaint and summary judgment.

*73ATIC’s moving papers fail to discuss the applicable facts or to attach a copy of the policy…