BAGAROZY v. STONEMAN

Orders unanimously affirmed, with $20 costs and disbursements to the respondents. In reaching its determination, the learned court at Special Term invoked the doctrine of the "law of the case" with respect to the first and second causes of action. That doctrine need not be applied in this court. We conclude that the complaint fails to state a cause of action.

Concur — Breitel, J.P., Rabin, Frank, Valente and McNally, JJ.