Buckley v. MacDonald

In an action to extinguish the defendants’ easement over the plaintiffs property, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Beisner, J.), dated August 11, 1993, which, upon a submission of the controversy pursuant to CPLR 3222, dismissed the action, without prejudice, for the plaintiffs failure to join a necessary party.

Ordered that the order is affirmed, with costs.

This action involves the relocation of a driveway on the plaintiff’s property over which the defendants hold an easement. The plaintiff’s predecessors in interest, William and Anna Bentley,…