# Di Giacomo v. City of New York

> Appellate Division of the Supreme Court of the State of New York · July 14, 1977 · 58 A.D.2d 347

URL: https://www.frixlaw.com/law-library/cases/5820396

## Case

- **Full name:** In the Matter of Joseph Di Giacomo v. City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 14, 1977
- **Citations:** 58 A.D.2d 347; 397 N.Y.S.2d 632; 1977 N.Y. App. Div. LEXIS 12413
- **Precedential status:** Published
- **Opinion:** Concurrence by Markewich
- **Judges:** Capozzoli, Lupiano, Markewich, Silverman
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed by Di Giacomo v. City of New York, 46 N.Y.2d 894 (1979).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5820396

## Opinion text

Markewich, J. (concurring).
I concur in the result arrived at by Justice Lupiano. This case does not lend itself to summary judgment in that there are mixed issues of law and fact. However, my colleague has essayed to decide some of these issues, which may not be done at this juncture. "The court is not authorized to try the issue, but is to determine whether there is an issue to be tried.” (Dwan v Massarene, 199 App Div 872, 879 .)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5820396. Public record. Not legal advice.