Opinion
May 12, 1986
Appeal from the Supreme Court, Suffolk County (Molloy, J.).
Order affirmed, with costs.
Since the action at bar is one seeking "recovery for damages to property or pecuniary interests recoverable in a contract action" (Video Corp. v Flatto Assoc., 58 N.Y.2d 1026, 1028), Special Term properly found that the six-year contract Statute of Limitations is applicable (see, Video Corp. v Flatto Assoc., supra; CPLR 213). Additionally, the defendant has not demonstrated sufficient facts to warrant a change in venue. We decline to address the defendant's remaining contentions since these issues were not before Special Term (see, e.g., Dixon v LaGuardia, 277 N.Y. 84). Eiber, J.P., Kunzeman, Kooper and Spatt, JJ., concur.