Fotiadis v. Fotiadis

In Fotiadis v. Fotiadis (18 AD3d 699 [2d Dept 2005]) notwithstanding the dismissal of the action for divorce, the Court found it proper to enter a judgment for pendente lite arrears. The Court reasoned that: "although the defendant's current obligations pursuant to the pendente lite order terminated with the dismissal of the action, the defendant was required to obey the pendente lite order while the action was pending. Upon dismissal of the action, the pendente lite order was no longer in effect, but the plaintiff was entitled to any arrears which accrued under that order prior to dismissal, and may enforce that obligation by seeking leave to enter a money judgment." (Id. at 701.)