Christopher v. Great Atlantic & Pacific Tea Co.

OPINION OF THE COURT

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, the Appellate Division denied defendant’s motion for reargument, stating, however, in its order of denial: "Were we to reconsider defendant’s contention on the merits…