Opinion
February 2, 1993
Appeal from the Supreme Court, New York County (Thomas A. Stander, J.).
The plaintiff was not entitled, as a matter of law, to a charge that the defendant bus company had a safety rule which may have been violated, particularly in the absence of any limitation of the requested charge by reference to the applicable standard of care (see, Clarke v New York City Tr. Auth., 174 A.D.2d 268, 276). In any event, error, if any, was harmless, since the court's charge on negligence taken as a whole was proper (see, Osnato v New York City Tr. Auth., 172 A.D.2d 597, 598-599).
We do not reach the issue of whether or not bifurcation of the liability and damages phases of the trial was an abuse of discretion (see, Stabler v Manhattan Bronx Surface Tr. Operating Auth., 155 A.D.2d 390), because it is raised for the first time on appeal. Were we to reach the issue, we would find it without merit.
Concur — Carro, J.P., Rosenberger, Ellerin and Kupferman, JJ.