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900 UNLIMITED, INC. v. MCI TELECOMMS. CORP.

215 A.D.2d 227 (1995)

626 N.Y.S.2d 188

900 Unlimited, Inc., Appellant, v. Mci Telecommunications Corporation, Respondent, et al., Defendants

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

May 16, 1995

In the absence of a contractual relationship or a confidential or fiduciary relationship, a party may not recover for fraudulent concealment of fact, since absent such a relationship, there is no duty to disclose (see, County of Westchester v Becket Assocs., 102 A.D.2d 34, 50-51, affd 66 N.Y.2d 642). Accordingly, the IAS Court properly determined that the record raises no question...

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