(concurring). I Concur in the 'affirmance of the judgment. Although I agree with Mr. Justice Martin that, the building not being a tenement house (Silverman v. Ulrika Realty Corp., 239 App. Div. 194), the plaintiff was guilty of contributory negligence as matter of law, I consider that we are precluded as to this by the previous decision of this court reversing the order which dismissed the complaint upon that ground. '