Schwartz v. Aetna Life Insurance & Annuity Co.
Court: Appellate Division of the Supreme Court of the State of New York; April 28, 1995; New York; State Appellate Court
Order affirmed with costs. Aetna Life Insurance and Annuity Company (defendant) contended that the Supreme Court mistakenly denied its summary judgment motion and improperly granted summary judgment to the plaintiff without a formal request. Both parties submitted unsworn medical records, which were not objected to by either side regarding admissibility. Consequently, the court appropriately relied on these records to determine the plaintiff's entitlement to summary judgment, as referenced in Borchardt v New York Life Ins. Co. The dissenting opinion posits that summary judgment should not have been awarded to the plaintiff, a non-moving party, given the potential existence of a Statute of Limitations defense. However, this argument was not presented by the defendant in its appellate brief and thus was not considered. All justices concur except for Lawton, J., who partially dissents and suggests modifications.