Bornstein v. Levine

Order unanimously modified to the extent of dismissing the second cause of action on the law and, as so modified, affirmed, with $20 costs and disbursements to defendant-appellant. The second cause of action is subject to the same infirmities as those upon which we based our decision in sustaining the dismissal of the second cause of action of the previous complaint (Bornstein v. Levine, 7 A D 2d 843). Concur — Botein, P. J., Breitel, Rabin, McNally and Stevens, JJ.