In re BK Venture Corp.

In a proceeding pursuant to Lien Law § 38, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Lefkowitz, J.), entered December 10, 2002, which granted the motion of BK Venture Corp. to deny the petition, and dismissed the proceeding.

Ordered that the order and judgment is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the petition is reinstated, and the petition is granted to the extent that the respondent is directed to serve upon the petitioner, within 90 days after the service upon it of a copy of *794thi…