Opinion
September 20, 1950.
Appeal from Supreme Court, Jefferson County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
This action was brought to enjoin the use of a right of way across a parcel of land located in the town of Oswegatchie, St. Lawrence County. All of the parties involved claim the right to use such right of way. It does not appear that any party will be prejudiced, or that any undue delay will be occasioned by the trial of all the issues in one action. We think that the claim of each party is related to the main action by questions of fact and of law common to both controversies, and that hence the procedure adopted is within the clear language of section 193-a of the Civil Practice Act, and we find no abuse of discretion in the order made at Special Term. Order unanimously affirmed, with $10 costs and disbursements to each of the prevailing parties on this appeal.