The judgment and order should be affirmed, with costs, upon the ground that the court was allowed to submit to the jury, without any objection or exception, the issue as to the liability of the defendant Henry A. Siebrecht personally for the control of the building in question and the halls and the stairways therein. Present — Clarke, P. J., Dowling, Smith, Merrell and Finch, JJ.; Clarke, P. J., and Smith, J., dissent in memorandum.