Eberhardt v. Eberhardt

—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 have to any real property in which [defendant] is in title either with [plaintiff], alone, or with any third party.” Over…