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Alan J. Fumuso Obtains Procedural Dismissal in Nassau County

On April 26, 2010, Alan J. Fumuso obtained a procedural dismissal of a medical malpractice action brought in Supreme Court, Nassau County against the Chief of Cardiology at North Shore University Hospital, Manhasset. The action alleged negligence and lack of informed consent regarding the performance of a cardiac catheterization and stenting procedure, and the medications used during the procedure. On cross-examination, the plaintiff’s medical expert withdrew his testimony given on direct exam regarding medical departure, and gave equivocal testimony on the issue of proximate causation. A motion was made at the conclusion of the plaintiff’s case to dismiss for failure to establish a prima facie case, and this motion was granted by Judge Antonio Brandveen.