Fulton v. Marathon Dental Services, P.C.

In an action to recover damages for dental malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Queens County (O’Donoghue, J.), dated May 20, 2011, which granted that branch of the motion of the defendant Bill B. Akpinar which was pursuant to CPLR 3404 to dismiss the complaint as abandoned and denied his cross motion for further disclosure, and (2) an order of the same court, also dated May 20, 2011, which granted the motion of the defendant Bill B. Akpinar to quash a subpoena served upon a nonparty witness and for a protective order against further discovery.

Ordered…