Yonkers man: A&P overcharged candy by at least $1.87

In between the millions of dollars in store sales, expense reports, union contracts, pension issues and other claims filed in the A&P bankruptcy case are two receipts a Yonkers man said shows A&P overcharged him for candy by at least $1.87.

David Lobato, a 59-year-old accountant and insurance broker, is not necessarily looking for A&P to reimburse him. American Express already credited him a total of around $13 to $15 after he called to complain about A&P overcharging him on multiple occasions during the chain's going-out-of-business sale last month. Among the items he and his wife purchased were dozens of Reese's chocolates, each one of which rung up between 9 cents and 19 cents more than the posted price, Lobato said.

During a Nov. 20 visit, he paid 40 cents for each Reese's eight pack instead of the 31 cents that had been advertised, he said. The regular price was $1.99. That means the store gave him an 80-percent discount rather than an 85-percent reduction.

"If they did it on this, who's to say they weren't doing it on other things?" Lobato asked. "This was just on the candy, what about the food?"

Lobato, who said he has two bachelor's degrees in accounting and business and two master's degrees in education and business with a global concentration, said as the Greenburgh A&P neared its last day of business, he would see ads promising additional price reductions. That encouraged him and his wife to load up their shopping cart, especially with Reese's peanut butter cups — 57 of them on one trip. On another trip, Lobato bought 11 3 Musketeers chocolates and nine Hershey Milk Duds and Nestle products.

"They're not going to be eaten by us," Lobato said of the candy, adding the couple has a 7-year-old son and would expect to send some of the candy to school for various events and occasions.

He said he didn't notice the price discrepancy while he was at the cash register because he was busy and had many things on his mind. But later, after making the discovery, Lobato approached the manager who told him he was too late because the store was going out of business that day and couldn't issue a refund.

Lobato said he sent the receipts — he could only find two of them with overcharges of $1.87 — to U.S. Bankruptcy Court Judge Robert Drain because Lobato believes it brings up questions about A&P's management.

"Even though they are going out of business, they still need to honor posted prices," he scrawled on a letter he addressed to Drain.

The judge receives dozens of correspondences and filings in connection with the bankruptcy case on a regular basis, including letters from employees who bring up issues about their severance and health benefits. Sometimes, depending on whether he has questions or wants clarifications on issues brought up in these letters, Drain will bring them up with A&P lawyers during court hearings. At Friday's hearing, the last scheduled one for this year, Drain made no mention of Lobato or his letter.