Order, Supreme Court, New York County, entered on April 29, 1980, unanimously reversed, on the law, without costs and without disbursements, and the motion to dismiss granted. (See Gager v. White, 78 A.D.2d 617.)
Concur — Fein, Ross, Bloom and Carro, JJ.
Kupferman, J.P., concurs in a memorandum as follows:
I concur on constraint of Gager v. White ( 78 A.D.2d 617) and see discussion in the New York Law Journal of October 24, 1980 (p 1, col 2) and letter to the editor by Richard H. Bliss in the New York Law Journal of October 30, 1980 (p 2, col 6). See the illuminating discussion in New York State Law Digest by Professor David D. Siegel (No. 248, Aug., 1980, p 3, col 1), "Federal Judge, Holding Savchuk Not Retroactive, Certifies Issue to Second Circuit."