900 Unlimited, Inc. v. MCI Telecommunications Corp.

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about December 20, 1993, which granted defendant MCI’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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 AD2d 34, 50-51, affd 66 NY2d 642). Accordingly, the IAS Court properly determined that the record raises no question…