In Tortomas v. Andrade , Jodi Ann Tortomas and John Andrade were divorced in 2004, and according to a Suffolk County Supreme Court order Tortomas was permitted to move to Toronto with her son on condition that she'd pay for Andrade's accommodations when he visited their child in Canada.
In November 2005, Andrade trekked up north to see his offspring, but Tortomas refused to cover the associated costs.
The Suffolk County Supreme Court found Tortomas in violation of its order and granted Andrade's request to "authorize disbursement to him from an escrow account the sum of $1,000, representing reimbursement for his hotel expenses for the visit in November 2005." The court also granted Andrade's request "to authorize disbursement to him from the escrow account the sum of $2,445 for costs and attorney's fees associated with his motion to enforce the previous order of the court."
On appeal, the Appellate Division, Second Department, found that Andrade had properly been awarded his fees and costs.
Adelante, Andrade!
To download a copy of the Appellate Division's decision, please use this link: Tortomas v. Andrade