
Quoting
Promenade Nursing Home, Inc v. Lacey, 814 N.Y.S.2d 564, 10 Misc. 3d 1066A (2005)
A cause of action for medical necessaries, however, is only viable if the primary debtor... is unable to satisfy the debt out of his own resources. (See Gilberg v Lennon, 212 A.D.2d 662, 622 N.Y.S.2d 962 [1st Dept 1995]; Medical Bus Assocs v Steiner, 183 A.D.2d 86, 588 N.Y.S.2d 890 [2d Dept 1992].) In addition, the doctrine of necessaries requires a showing that the necessaries were furnished based on the credit of the spouse and a showing that the amounts alleged to be owed are commensurate with the spouse's means. (See Our Lady of Lourdes Memorial Hospital, Inc. v Frey, 152 A.D.2d 73, 548 N.Y.S.2d 109 [3rd Dept 1989].)