Majority
p. 905Joseph H. Murphy, Appellant, v. Esther Bland, Rose Evans, Temmie Heaps, The Mount Vernon Trust Co. and New York State Teachers’ Retirement System, Respondents, and Reynal Park Corporation, Defendant.
In an action to compel the determination of a claim to real property by limiting an easement for a driveway, or, in the alternative, for damages for breach of covenant against incumbrances, the complaint was dismissed on the merits. Plaintiff appeals. Judgment unanimously affirmed, with costs. It is not necessary to pass upon, and we do not pass upon, the rights of the mortgagee under its mortgage in the premises. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.