Ordered that the order is reversed, on the law, without costs or disbursements, the motions are denied, and the complaint is reinstated.
The Supreme Court erred in dismissing the plaintiff's complaint on the ground that it was barred by the doctrine of res judicata. The dismissal of a prior action between the same parties for failure to prosecute is not a dismissal on the merits and does not bar a second action based upon the same facts "[u]nless the order specifies...
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