The doctrine holds that, absent a fiduciary relationship between parties, there is a duty to disclose when one party's superior knowledge of essential facts renders a transaction, without disclosure, inherently unfair. The essential facts must not have been discoverable through the exercise of ordinary intelligence. Here, there are triable issues regarding whether defendant had a duty to disclose that it had granted an exclusive license to another company.
Sports Tech. Applications, Inc. v. MLB Advanced Media, L.P., NY Slip Op 06973 (1st Dep't November 24, 2020)
