N.Y. Multiple Dwelling Law § 355

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