Considering the unique circumstances of the case, we do not pass on whether the Civil Rights Act of 1991 ( 42 U.S.C. § 1981, Pub L 102-166, 105 US Stat 1071) should be applied retroactively. In any event, the complaint was properly dismissed.
Concur — Murphy, P.J., Rosenberger, Ellerin and Kassal, JJ.