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.