Judgment unanimously affirmed, without costs or disbursements to either party.
This court's decision in Salmon v. Sarno (265 App. Div. 114) is distinguishable from the instant case. Salmon was determined upon affidavits alone, submitted upon a motion to vacate a judgment. In the instant case, even though the matter originally came on at Trial Term on submitted facts, pursuant to CPLR 3222, the trial court directed and held a hearing on the limited issue involved...
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