Mid-State Precast Systems, Inc. v. Corbetta Construction Co.

— Yesawich, Jr., J.

Appeal from an order of the Supreme Court (Fischer, J.), entered January 20, 1987 in Broome County, which denied plaintiff’s and third-party defendants’ motion for dismissal or, in the alternative, a severance and stay of the third-party action.

Plaintiff, a subcontractor in the construction of a new headquarters for Union Carbide Corporation, commenced an action against defendant Corbetta Construction Company, Inc., the general contractor, in July 1980. Plaintiff alleged wrongful withholding of amounts received in settlement from Union Carbide and owed to plaintiff, and…