Weinstein Enterprises, Inc. v. Great Atlantic & Pacific Tea Co.

In an action by a landlord to recover damages, inter alia, for the tenant’s breach of a covenant to keep the leased premises in good repair, the defendant appeals from so much of an order of the Supreme Court, Kings County (Pino, J.), dated August 23, 1984, as denied that branch of its motion which was to change the venue of the action to Westchester County pursuant to CPLR 507, 511.

*220Order affirmed, insofar as appealed from, with costs.

As this matter presents causes of action which seek damages only and do not affect the title to, or the possession, use or enjoyment of the subject real…