The dismissal must be with prejudice where the plaintiff does not allege bad faith or facts known, or even suspected, to support a finding of bad faith, and fails to demonstrate that it can cure that fatal deficiency.
Eaton Vance Mgt. v. Wilmington Sav. Fund Socy., FSB, NY Slip Op 03143 (1st Dep't April 25, 2019)
Here is the decision.
