
    William F. Van Wagner, Appellant, v. Charles A. Tilly, Respondent.
   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. Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ.,-concurred.  