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MATTER OF DI GIACOMO v. CITY OF NEW YORK

46 N.Y.2d 894 (1979)

In the Matter of Joseph Di Giacomo et al., Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided February 13, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Irving Cohen and Leonard Koerner of counsel), for appellants.

Richard A. Dienst for respondents.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and FUCHSBERG. Judge GABRIELLI dissents and votes to affirm in an opinion memorandum.

Order reversed, with costs, and the order and the judgment of Supreme Court, New York County, dismissing the petition reinstated on the dissenting opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division (58 AD2d, at pp 358-362). Question certified answered in the negative.

GABRIELLI, J. (dissenting).

I dissent and vote to affirm the order appealed from and answer the question certified in the affirmative, for the reasons stated by...

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