Frank v. Wyse

—Appeal from an order of Supreme Court, Wayne County, (Kehoe, J.), entered April 25, 2001, which, inter alia, granted plaintiffs motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant contends that Supreme Court erred in severing his counterclaim from the complaint and in granting plaintiffs motion for summary judgment on the complaint. We disagree. On April 12, 1994, the parties entered into an asset purchase and sale agreement pursuant to which defendant agreed to purchase a list of…