Dellwood Foods v. Abrams – Case Brief Summary (New York)

In Dellwood Foods v. Abrams (109 Misc 2d 263, 439 NYS2d 1008 [Sup Ct, Bronx County, 1981], affd 84 AD2d 692 [1981], appeal dismissed 55 NY2d 1036 [1982]), the court determined that the corporate movant, which had been indicted for restraint of trade and competition, had standing on a number of grounds to quash postindictment subpoenas issued to movant's sales personnel.

The Dellwood Foods court determined, inter alia, that movant had standing as a "party affected" noting that CPLR 2304 permits a party to move to quash a subpoena served on a nonparty.

The Dellwood Foods court also held that movant had a "protectable interest" in preventing government agents from exceeding their statutory authority since its sales personnel would have no interest in protecting movant from abuse of process.

New York Abuse of Process Antitrust / Competition Law Appeal Case Brief Dismiss Indictment Lawsuit Petitions Restraint of Trade Subpoena

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