GARCIA v. HABACUS CONSTRUCTION, INC.

5512N, 307341/12.

157 A.D.3d 597 (2018)

66 N.Y.S.3d 880

2018 NY Slip Op 00397

FRANCISCO GARCIA, Respondent, v. HABACUS CONSTRUCTION, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 23, 2018.


The motion court correctly ruled that the alleged oral agreement between plaintiff and Habacus for a share of the company's profits during the duration of plaintiff's employment did not violate the statute of frauds. Plaintiff testified that the profit-sharing agreement was for the duration of his employment, which was at will and thus could have been terminated within one year of his hiring (see Cron v Hargro Fabrics, ...

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