Aetna Life & Casualty Co. v. Duthie

— Order unanimously modified, on the law, to grant summary judgment to defendant and, as modified, affirmed, with costs to defendant. Memorandum: In this action to adjudicate a dispute de novo (Insurance Law, § 5106, subd [c], formerly § 675, subd 2), plaintiff moved for summary judgment declaring that it is not required to pay no-fault benefits for medical expenses incurred for the care and treatment of injuries suffered by defendant. Special Term erroneously treated the motion as one to vacate an arbitrator’s award (CPLR 7511) and denied the motion. Nevertheless, we affirm and grant to…