Socia v. Trovato

—Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff Candice Socia in accordance with the following Memorandum: Defendant purchased the assets of Auto Finishers Supply Co., *917Inc. (seller) and agreed to pay $85,000 for the seller’s covenant not to compete, payable in four equal installments of $21,250, commencing February 2, 1992. Defendant executed an absolute and unconditional guarantee of his obligations under the purchase agreement, promising to pay such indebtedness upon default "without deduction by reason of any setoff, defense or counterclaim”. The…