The complaint is barred by res judicata, a previous complaint, almost identical to the present complaint, having been dismissed "without leave to replead" for failure to state a cause of action. Even assuming that the denial of leave to replead is not, in itself, absent an express indication that the dismissal is "with prejudice", sufficient to bar a second complaint (see, 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 3211.33, at 32-105 — 32-106), still the dismissal...
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