The pizza man and the alleged mobster behind April's Smith Street knife fight may both get off scot free unless one of them suddenly changes tune and sings to a grand jury. Despite eyewitnesses to the possibly love-related slice up, there isn't much case against either Lucali's owner Mark Iacono or serial arrestee Benny Geritano without them.

"So I think what's going to happen...the charge against the pizza guy and the charge against Mr. Geritano are going to wither on the vine and not go forward," Geritano's lawyer said in court yesterday. The lawyer then backed up his claim, telling the judge a "major guy" in the Brooklyn DAs office had confirmed his theory.

The news that the case may be gone faster than a Lucali's pie at dinnertime comes as the famed pizzeria is still figuring out how to work without Iacono, who is still recovering from the attack (another man is flipping pies for now and a sign in the window says "For the next month or so Lucali will be closed Mondays & Tuesdays. Thank you.").

Even if former friends Geritano and Iacono are about to see their case disappear, that doesn't mean their lawyers aren't happy to keep their fight alive. In court yesterday the lawyer for Geritano (who is still locked up as the fight may have violated his supervised release for a previous crime) argued that anyway it wasn't his client's fault that the two men got cut up: "There was a big knife involved, initially they thought [Geritano] had the big knife," he said. "He didn't. The big knife plunged into his back by the pizza pie owner."