200 Central Park South, Inc. v. Posner

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 ease. 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, so that “ both parties should be afforded the fullest opportunity of presenting all relevant evidence and testimony * * * on the…