Opinion
April 19, 1996
Appeal from the Supreme Court, Onondaga County, Nicholson, J.
Present — Pine, J.P., Lawton, Wesley, Balio and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not err in granting plaintiff a Yellowstone injunction ( see, First Natl. Stores v. Yellowstone Shopping Ctr., 21 N.Y.2d 630, rearg denied 22 N.Y.2d 827; see also, Waldbaum, Inc. v. Fifth Ave. of Long Is. Realty Assocs., 85 N.Y.2d 600; 225 E. 36th St. Garage Corp. v. 221 E. 36th Owners Corp., 211 A.D.2d 420, 421; Matter of Langfur, 198 A.D.2d 355, 356).
The court erred, however, in failing to grant defendant's cross motion for a change of venue. In addition to seeking a judgment declaring the rights of the parties under the lease, the complaint also seeks a judgment enjoining defendant from terminating the lease or otherwise taking action to evict plaintiff from the premises. The judgment sought "would affect * * * the possession, use or enjoyment of" (CPLR 507) the subject real property by plaintiff and, thus, is a "local" action that must be brought in Cattaraugus County, the situs county ( see, Spellman Food Servs. v. Patrick, 90 A.D.2d 791; cf., Port Bay Assocs. v. Soundview Shopping Ctr., 197 A.D.2d 848). Therefore, we modify the order by granting defendant's cross motion for a change of venue from Onondaga County to Cattaraugus County.