Golin v. Cassese

—In an action by the plaintiff, the mother of the defendant’s wife, to recover, inter alia, moneys allegedly loaned to the defendant’s wife for her support and maintenance, the defendant appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 30, 1992, which denied his motion for summary judgment.

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…