In Mobil Oil Corporation v. Joshi, 202 AD2d 318, 609 N.Y.S.2d 214 [1st Dept 1994], plaintiff sought to assert a cause of action against defendant, the parties' alleged escrow agent, for fraudulent misrepresentation and concealment of the material facts that the second defendant's check was uncollectible and that he never signed the escrow agreement. The court denied the plaintiff's leave to amend the complaint to assert a cause of action for fraud, stating that "the information plaintiff claims was either misrepresented or concealed by the escrow agent, was ... not of the character requiring a duty to disclose" and without such duty to disclose, "defendant's mere silence without some act which deceived plaintiff cannot constitute a concealment actionable on fraud" (Mobil Oil Corp. v. Joshi, at 318).