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Garcia v. Habacus Construction, Inc.

157 A.D.3d 597 Court N.Y. App. Div. Decision date 2018-01-23 English

Judges Concur—Sweeny, J.P., Richter, Andrias, Webber, Oing, JJ.

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p. 597
Francisco Garcia, Respondent, v Habacus Construction, Inc., et al., Appellants.
[66 NYS3d 880]

Order, Supreme Court, Bronx County (Ruben Franco, J.), entered October 6, 2016, which, to the extent appealed from, denied defendant Habacus Construction, Inc. (Habacus) summary judgment dismissing the breach of contract cause of action, and denied the branch of defendants’ motion seeking sanctions and costs, unanimously affirmed, without costs.

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

p. 598
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.

The motion court providently exercised its discretion in denying defendants’ motion for sanctions and costs (see 22 NYCRR 130-1.1).

Concur—Sweeny, J.P., Richter, Andrias, Webber, Oing, JJ.

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