EBERHARDT v. EBERHARDT


203 A.D.2d 946 (1994)

611 N.Y.S.2d 402

Linda Eberhardt, Appellant, v. Michael J. Eberhardt, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 15, 1994


Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: During their marriage the parties entered into an agreement concerning their respective interests in tax sheltered annuities and real property. The agreement provided that, "in consideration of [defendant] waiving any rights to" the tax sheltered annuities, plaintiff "hereby agrees to waive any claim which she may...

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