Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The general rule is that a spouse is relieved of the common-law duty to supply the other spouse with necessaries during the pendency of a support order, because the order fixes the amount of the liability for support (see, Dravecka v. Richard, 267 N.Y. 180). In Cassese v. Cassese ( 197 A.D.2d 605 [decided herewith]), we remitted the matter to the Supreme Court, Nassau County, for a determination as to any arrears under the temporary support order, and for a determination, inter alia, as to whether an award for further maintenance is appropriate, and, if so, in what amount.
Under the circumstances, where a support order was in full force and effect to the date of judgment and the court will determine the level of support thereafter, if any, the respondent does not have a cause of action for necessaries. Balletta, J.P., Rosenblatt, Miller and Joy, JJ., concur.