Gordon v. Verizon Communications, Inc.

I believe that the majority goes much further than is necessary to determine this appeal, purporting to set forth a new seven-part test to enhance the one established in Matter of Colt Indus. Shareholder Litig. (155 AD2d 154, 160 [1st Dept 1990], mod on other grounds 77 NY2d 185 [1991]). But no party to this appeal took issue with the existing Colt test, and therefore, neither party has had a chance to address this purported new standard. And even putting aside the fact that neither party has briefed the matter, we need not adopt a new standard to determine the issues before us, as the trial…