Opinion
October 26, 1984
Appeal from the Supreme Court, Rockland County (Ruskin, J.).
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 judgment concerning the 50-foot-wide easement located on the Jacobsens' property when the Jacobsens did not have an opportunity to be heard (see Cadman Mem. Congregational Soc. v Kenyon, 279 App. Div. 1015, 1016, aff'd 306 N.Y. 151). Accordingly, that portion of the judgment should be set aside.
We note that the precise issue raised herein has been raised in at least two other lawsuits presently pending in which the Jacobsens are parties (see Stony Point v Jacobsen, Index No. 4713/83; Phillips v Jacobsen, Index No. 1755/84). Brown, J.P., Niehoff, Rubin and Eiber, JJ., concur.