Judgment reversed insofar as appealed from, on the law, with costs to appellant to abide the event, and new trial granted with respect to appellant's personal injury cause of action.
It was error for the trial court to charge the jury that appellant had the burden of proving his case by a "preponderance of the [credible] testimony * * * with reasonable certainty". The charge was confusing and could easily have misled the jury (see DiLorenzo v Venosa,
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