— Judgment and order affirmed, with costs. All concur. (Appeal from a judgment for plaintiffs in an action for a declaratory judgment establishing plaintiffs’ right of way over a portion of premises owned by defendants in the city of Niagara Falls. The order granted defendants’ motion to reargue but denied modification on the reargument.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.