Fraudulent Concealment as a Cause of Action in New York

A cause of action for fraudulent concealment requires the complainant to “allege that the defendant made a material misrepresentation of fact; that the misrepresentation was made intentionally in order to defraud or mislead the plaintiff; that the plaintiff reasonably relied on the misrepresentation; and that the plaintiff suffered damage as a result of its reliance on the defendant’s misrepresentation.” In addition, the complainant must allege that “the defendant had a duty to disclose material information and that it failed to do so.” P.T. Bank Central Asia v. ABN AMRO Bank N.V., 301 A.D.2d 373 (N.Y. App. Div. 2003).