In re Podell

In this proceeding for the determination and enforcement of an attorney’s lien under section 475 of the Judiciary Law, the motion’ under consideration was made under section 430 of the Civil Practice Act and rule 157 of the Rules of Civil Practice *7by the respondent Lippman to have certain alleged issues of fact tried by a jury. Section 430 provides for jury trial in an action in the discretion of the court of one or more questions of fact arising upon the issues. The matter at bar, however, is a special proceeding. (See Civ. Prac. Act, §§ 4, 5, 7, 8, 430; 3 Fiero Particular Actions &…