§ 841. Action for nuisance. An action for a nuisance may be maintained
in any case where such an action might have been maintained under the
laws in force immediately before the taking effect of article seventh of
title one of chapter fourteenth of the code of civil procedure as added
thereto by chapter one hundred seventy-eight of the laws of eighteen
hundred eighty. A person by whom the nuisance has been erected and a
person to whom the real property has been transferred may be joined as
defendants in such an action. A final judgment in favor of the plaintiff
may award him damages or direct the removal of the nuisance or both.
This section does not affect an action wherein the complaint demands
judgment for a sum of money only.