Garfein v. McInnis

The appellant, appears specially for the motion to set aside the service of the summons and complaint. The action is for the specific performance of an alleged agreement on the part of the appellant to sell real property situated within the State of New York. The appellant was served with a summons and complaint in the State of Connecticut; and it is the contention of the appellant that the service is void, that the alleged written agreement was merely a receipt for money received, and that no lien was created, either expressly in writing or implied, since such money was returned to the…