N.Y. New York City Civil Court Act § 400: Method of commencing action or special proceeding

§ 400. Method of commencing action or special proceeding. 1. An action

is commenced in this court by filing a summons and complaint. A special

proceeding is commenced by filing a notice of petition and petition or

order to show cause and petition. For purposes of this section, and for

purposes of section two hundred three of the civil practice law and

rules, filing shall mean the delivery of the summons and complaint, the

notice of petition and petition or order to show cause and petition to

the clerk of the court in the county in which the action or special

proceeding is brought together with any fee required by section nineteen

hundred eleven of this act. At the time of filing, the original and a

copy of the papers shall be date stamped by the court clerk who shall

file the original and maintain a record of the filing and shall return

the copy to the party who brought the filing. The clerk shall accept the

fee and file the papers as soon as reasonably practicable.

2. Jurisdiction is acquired over a party to an action or special

proceeding by service upon such party of a copy of the summons and

complaint, the notice of petition and petition or the order to show

cause and petition.

3. The actual index number shall be on the summons, notice of petition

or order to show cause as served. Failure to include the index number on

the papers as served shall be cured by stipulation between the parties

or by leave of court, which shall not be unreasonably withheld.