Appellate Division of the Supreme Court of the State of New York January 29, 1981 (Prutsman v. Manchester)

Appeal from a judgment of the Supeme Court, entered April 3,1980 in Chemung County, which, in Action No. 1, declared Monks Road in Chemung County to be a public highway, and, in Action No. 2 restrained the defendant from obstructing said road. Initially, we note that the plaintiff commenced two separate actions in the same court against different defendants. In Action No.