In an action, inter alia, for separation, the defendant husband appeals from an order of the Supreme Court, Rockland County, entered April 3, 1975, which denied his motion for summary judgment dismissing the third cause of action in plaintiff's amended complaint. Order reversed, on the law, without costs, and motion granted. Appellant discharged his obligation to provide respondent with necessaries by fully complying with the support order of the Family Court (Turner v Woolworth, 221 N.Y. 425; Macy, Inc. v Herskowitz, 56 Misc.2d 847). Similarly, respondent waived her common-law right to recover for legal fees, incurred in a matrimonial action, as necessaries by making application for such fees under section 237 Dom. Rel. of the Domestic Relations Law (Tompkins Lauren v Glass, 44 Misc.2d 239). This case should be tried promptly. We have not considered the sufficiency of the amount in the order granting temporary alimony. Hopkins, Acting P.J., Martuscello, Cohalan, Christ and Munder, JJ., concur.