New York Consolidated Laws, Multiple Dwelling Law - MDW § 355. Title of action or proceeding and parties

Any action or proceeding referred to in this article shall be brought against the premises as defendant.  Such premises may be described in the title of the action or proceeding by their street number or by any other method sufficiently precise to secure identification and shall be described in the complaint.  The plaintiff, except as hereinafter provided, shall be the department.  In case the department shall not institute any action or proceeding within ten days after receiving a written request to do so from any taxpayer in the city, then such taxpayer may institute and maintain such action or proceeding against the premises in his own name, and the court may, in its discretion, require from him security for costs.