In Papikian v. McGrath, 283 AD2d 471, 724 N.Y.S.2d 485), plaintiff commenced a special proceeding for pre-litigation discovery for a medical malpractice action against defendants. Subsequently, plaintiff filed a summons and complaint commencing a medical malpractice action against the same defendants without purchasing a new index number. Defendants moved to dismiss for failure of personal jurisdiction and failure to comply with the statute of limitations. The appellate division held the medical malpractice action be an "adjunct" of the special proceedings as it was by and against the same parties and arose out of the same transaction or occurrence (id.).