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COFFEY v. UNITED STATES GYPSUM CO.

149 A.D.2d 960 (1989)

Keith H. Coffey et al., Appellants, v. United States Gypsum Company et al., Respondents, et al., Defendants. (Action No. 1.) David T. Kruse et al., Appellants, v. United States Gypsum Company et al., Respondents, et al., Defendants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 14, 1989

Order unanimously affirmed without costs.

Memorandum:

Special Term properly treated defendants' motion to dismiss (CPLR 3211 [a] [7]) as one for summary judgment after giving "adequate notice to the parties" (CPLR 3211 [c]). Moreover, under the circumstances of this case, defendants' motions to renew or reargue were timely made (see, Matter of Williamson v Shang, 73 A.D.2d 836

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