
    Albany Port District Commission, Appellant, v. National Commercial Bank and Trust Company of Albany, Respondent.
    Argued July 23, 1940;
    decided July 24, 1940.
    
      
      Robert E. Whalen, Joseph J. Casey, John E. Wisely and John C. Watson for appellant.
    
      Avrom M. Jacobs and Robert C. Roskanzer for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Finch, Rippey, Sears, Lewis and Conway, JJ. Lehman, Ch. J., and Loughran, J., dissent and vote to reverse the judgment of the Appellate Division and to affirm the judgment of Special Term.  