From Garcia v. Habacus Constr., Inc., 2018 NY Slip Op 00397 (App. Div. 1st Dept. Jan. 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 , 91 NY2d 362, 366 [1998]). In addition, issues of fact exist concerning the nature of plaintiff’s employment agreement with defendants.