CHRISTOPHER v. GREAT ATL. & PAC. TEA CO., INC.


76 N.Y.2d 1003 (1990)

Gail Christopher, Respondent, v. Great Atlantic & Pacific Tea Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1990.


Attorney(s) appearing for the Case

William E. Fay, III, for appellant.

Warren J. Willinger for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

On reconsideration, order granting leave to appeal recalled and motion for leave to appeal denied.

This Court granted leave to review the issue whether the Appellate Division incorrectly employed the "shocks the conscience" standard instead of the controlling material deviation from reasonable compensation standard in assessing whether the jury's verdict was excessive (CPLR 5501 [c]).

Thereafter...

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