In Finocchio v. Crest Hollow Club, 184 A.D.2d 491, the injury occurred when the chair in which plaintiff was seated in defendant's dining hall collapsed. The trial court refused to charge res ipsa loquitur because defendant raised the issue of exclusive control. In reversing, the Second Department held the refusal of the trial court to give the requested charge was based upon an overly rigid interpretation of the requirement of exclusive control.