Freeman v. Freeman

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Supreme Court erred in nullifying the agreement executed by the parties on May 30, 1979, titled "Agreement Rescinding Separation Agreement” because *890the record does not demonstrate that defendant abandoned the agreement (see, Staebell v Bennie, 83 AD2d 765). Accordingly, the court’s conclusion that the "home farm”, the Freeman Cycle Ranch, Inc., and the Robinson farm were marital property subject to equitable…