Legal Opinion
Westchester County Pharmaceutical Society, Inc. v. Abrams
Appellate Division of the Supreme Court of the State of New York
Decided March 28, 1988Published
1Opinion of the Court
In a special proceeding, inter alia, to quash or limit a subpoena duces tecum pursuant to CPLR 2304, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered June 19, 1987, which denied its application in all respects.
Ordered that the judgment is affirmed, with costs.
The Supreme Court improperly held that a pharmacist is not a professional under the rule enunciated in Matter of Freeman (34 NY2d 1). We hold that a pharmacist is immune from prosecution under General Business Law § 340 (see, Matter of Pharmaceutical Socy. v Abrams, 132 AD2d 129).…
2Cases cited4 opinions
- In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
- Fugazy v. Time, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Pharmaceutical Society v. AbramsAppellate Division of the Supreme Court of the State of New York · 1987
- Syracuse Cooperative Milk Distributors' Bargaining Agency, Inc. v. Attorney-General of the StateNew York Supreme Court · 1958