Ordered that the order is affirmed, with costs.
The appellant contends that pursuant to CPLR 410, it was entitled to a full trial by a jury on questions of fact raised by the pleadings, and, that summary disposition of the instant matter was inappropriate.
While special proceedings brought on, as here, by order to show cause are in the first instance very nearly the same as motions for summary judgment, "hearings must be held as to disputed issues of fact...
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