Glass v. Rinse

This is an action to have an alleged “ spite fence ” declared a nuisance under section 3 of the Real Property Law, added by Laws of 1922, chapter 374. The summons, together with a copy of the complaint, was served personally on the defendant without the state of New York without an order, and the present motion is to set aside such 'service. The defendant is a non-resident of the state. The plaintiff contends that this is an *640action in which the summons may be served under section 235 of the Civil Practice Act, which provides for that method of service where the complaint demands judgment “…