Judgment unanimously reversed on the law without costs and new trial granted.
Memorandum:
Supreme Court erred in refusing to charge the doctrine of res ipsa loquitur. That doctrine applies when "`"(1) the event [is] of a kind which ordinarily does not occur in the absence of someone's negligence; (2) [the injury is] caused by an agency or instrumentality within the exclusive control of the defendant; and (3) [the injury is not] due to any voluntary action...
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