I think that all there is to this action has been disposed of by the trial judge in con*625formity with the decisions of the General Term on the former appeal.
These decisions must be taken as establishing the law of the case so far as this court is concerned. 8 Misc. Rep. 79; 58 N. Y. St. Repr. 821.
I find no error, and judgment should be affirmed, with costs.
Judgment reversed and new trial granted, with costs to appellant to abide event.