Pursuant to CPLR 3211(a)(5), a party may move to dismiss a cause of action based upon the doctrine of res judicata. Thet doctrine precludes a party from litigating a 'claim where there is a judgment on the merits from a prior action between the same parties, involving the same subject matter. Generally, a dismissal for failure to state a cause of action based on the insufficiency of the allegations in the pleading is not a dismissal on the merits, and does not bar the adequate repleading of the claim in a subsequent action. However, such a determination has a preclusive effect as to a new complaint for the same cause of action which fails to correct the defect or supply the omission in the earlier complaint.
Ciafone v. City of New York, NY Slip Op 02795 (2d Dep't May 22, 2024)
