This section contains the nature of the case and procedural background.

There was an alleged contract to convey real property in the State of New York. P contracted with D, a resident of Connecticut, to purchase land in New York. D breached the contract. P sued for specific performance in New York. The service of summons was made on D in the State of Connecticut calling for specific performance. D moved to set aside the service. Statutes in New York allowed service of the summons if a judgment to exclude was being sought in favor of either party to be enforced, regulated, defined, or limited, or otherwise affecting the title to such property. D’s motion to set aside was denied. D appealed.

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