In re John B. Davie Co.

Order unanimously affirmed, without costs. Callahan, J., not participating. Memorandum: This is an appeal from an order at Special Term which authorized respondent John B. Davie Co., Inc. (Davie) to depose Edward P. Storto, president of Storto & Sons Construction Co., Inc. (Storto) and which directed Storto to produce all the documents and records which it was required to maintain as a trustee pursuant to section 75 of the Lien Law. Storto contends that the court *995lacked jurisdiction to enter the order because no proceeding under the Lien Law has been instituted and such proceeding is now time…