Ordered that the order is affirmed, with costs.
The plaintiff moved for summary judgment on the issue of liability based upon a theory of res ipsa loquitur. "To rely on the doctrine of res ipsa loquitur, a plaintiff must demonstrate that (1) the injury is of a kind that does not [ordinarily] occur in the absence of someone's negligence, (2) the injury is caused by an agency or instrumentality within the exclusive control of the defendants, and (3) the injury is not...
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