Since the judgment was on the merits and not a nonsuit, a decision *607stating the facts which the trial court deemed essential was required. (Mario v. De Oteris, 275 App. Div. 790; Goldberg V. Bruns, Kimball & Co., 276 App. Div. 862.) Nolan, P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.