Practice point: The commencement of an action by plaintiff’s filing a notice of petition and a petition with a verified complaint is jurisdictionally sufficient.
Practitioners should note that plaintiff's confusion between the form of an action and the form of a special proceeding is not a ground for dismissal.
Case: Ling Fei Sun v. City of New York, NY Slip Op 08098 (2d Dept. 2008)
The opinion is here.
