Opinion
October 30, 1995
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the order and judgment is affirmed, with costs.
The court did not improvidently exercise its discretion in granting the reargument motion (see, Ebasco Constructors v A.M.S. Constr. Co., 195 A.D.2d 439; Rodney v. New York Pyrotechnic Prods., 112 A.D.2d 410).
In addition, it is well settled that a landowner who has had the benefit of a subcontractor's services pursuant to a contractual obligation with a general contractor in a construction contract is not liable for the work done by the subcontractor unless the landowner has, in some way, agreed to pay therefor (see, Sybelle Carpet Linoleum v. East End Collaborative, 167 A.D.2d 535; Delta Elec. v. Ingram Greene, 123 A.D.2d 369). The plaintiffs have failed to raise an issue of fact as to whether the respondents agreed to pay for the plaintiffs' services. Accordingly, the plaintiffs' sole remedy lies against the general contractor (see, Sybelle Carpet Linoleum v. East End Collaborative, supra). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.