What is the test for dismissing an action with prejudice?

conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy' (O'Brien v. City of Syracuse, 54 NY2d 353, 357 [emphasis supplied]). A dismissal `with prejudice' generally signifies that the court intended to dismiss the action `on the merits,' that is, to bring the action to a final conclusion against the plaintiff. We have used the words `with prejudice' interchangeably with the phrase `on the merits' to indicate the same preclusive effect (citations omitted)."