Order affirmed with costs.
Memorandum:
Aetna Life Insurance and Annuity Company (defendant) argues that Supreme Court erred in denying its motion for summary judgment and in sua sponte granting summary judgment to plaintiff. Each party submitted unsworn medical records in support of its position; neither party has objected to the admissibility of the medical records submitted by the other. Thus, the court properly considered those unsworn medical records...
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