In Bonventre v. Max, 229 AD2d 557, the Appellate Division considered the paramount issue was the second element of the three-part test of the res ipsa loquitur theory. The Appellate Division unanimously held that "[t]he plaintiff need not have shown that the defendants were the only ones in control ... but she must have shown that the defendants' control was of 'sufficient exclusivity to fairly rule out the chance that any purported defect' was caused by some other agency " (Bonventre v. Max, supra, at 558).