
    Robert A. Van Cleave, Appellant, v. William C. Demorest and Others, Respondents.
   Judgment reversed and new trial granted, with costs to abide the event, upon the ground that this court has already decided that the complaint does state facts sufficient to constitute a cause of action (See 186 App. Div. 906), and that the trial court should have regarded that decision as conclusive upon it and as constituting the law of the case. Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concur.  