Order reversed, insofar as appealed from, without costs or disbursements, the Jacobsens' motion to vacate the prior judgment insofar as it applies to the 50-foot-wide easement on their property is granted, and the judgment is modified accordingly.
Because the declaratory judgment dated July 8, 1982 affects the rights of the Jacobsens, they should have been joined in the action (see CPLR 1001, subd [a]). Thus, Special Term acted improperly in rendering a declaratory...
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