A. DEVANEY, INC. v. GRAPHIC SOLUTIONS, INC

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.