Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff alleged that he had entered into an oral five-year employment agreement to act as Senior Vice-President and Associate Publisher of the defendants' magazine.
Absent an agreement establishing a fixed duration or a limitation by express agreement, employment by a private employer is presumed to be at will, and terminable by either party at any time (Sabetay v. Sterling Drug, 69 N.Y.2d 329; Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 304-305; Paolucci v. Adult Retardates Ctr., 182 A.D.2d 681). Courts will not infer a contractual limitation on the employer's right to terminate at-will employment absent an express agreement to that effect which is relied upon by the employee (see, Diskin v. Consolidated Edison Co., 135 A.D.2d 775, 777; see also, Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458). In the instant case, the plaintiff alleged that there was an oral contract of five years' duration, and thus his claim is barred by the Statute of Frauds (see, Marks v Nassau County Assn. for Help of Retarded Children, 135 A.D.2d 512; Cunnison v. Richardson Greenshields Sec., 107 A.D.2d 50, 52). Since there was no enforceable agreement in this case, the complaint failed to allege circumstances establishing anything other than an at-will employment relationship.
We have reviewed the plaintiffs' remaining contentions and find them to be without merit. Mangano, P.J., Pizzuto, Altman and Krausman, JJ., concur.