
    VAN WAGNER, Appellant, v. TILLY, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 13, 1911.)
    Action by William F. Tilly. Van Wagner against Charles A.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the judgment in the former action, not being upon the merits, is not a bar to the maintenance of the present action,: and that the Municipal Court has jurisdiction, of the cause of action set forth in the complaint.  