In view of the Federal question involved in this case, I dissent and vote for affirmance for reasons stated by SWAN, J., in United States v. Certain Lands in Borough of Brooklyn (129 F.2d 577).
LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE and FULD, JJ., concur with CONWAY, J.; THACHER, J., dissents in memorandum.
Judgments reversed, etc.