Judgment affirmed, with costs to the plaintiff-respondent. No opinion. Present — Martin, P. J., Dore, Cohn, Callahan and Wasservogel, JJ.; Callahan, J., dissents and votes to modify by allowing the intervener all sums in excess of those claimed by plaintiff. (See Friedman v. Bd. of Education of City of New York, 256 App. Div. 318, affd. 280 N. Y. 829.) [See 270 App. Div. 754.]