Ordered that the order and judgment is modified, as a matter of discretion, by deleting the provision thereof awarding attorneys' fees to the defendants; as so modified, the order and judgment is affirmed insofar as appealed from, with costs to the defendants.
"It is fundamental that where the title in fee to both the dominant and servient tenements become vested in one person, an easement is extinguished [by merger]" (Castle Assocs. v Schwartz,
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