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. 1, the plaintiff sued the Town of Southport seeking a declaratory judgment that Monks Road was a public highway. In Action No. 2, the same plaintiff sought injunctive relief restraining the named defendant from interfering…