With no explanation, chose the best option from "A", "B", "C" or "D". abuse of process claim fails. Although plaintiffs have not requested leave to replead in their opposition papers, the Court has considered the issue. Under Rule 15(a) of the Federal Rules of Civil Procedure, the “court should freely give leave [to amend] when justice so requires.” Fed.R.Civ.P. 15(a). However, it is well settled that leave to replead can be denied where it is clear that no amendments can cure the pleading deficiencies and any attempt to replead would be futile. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir.2000) (“The problem with [plaintiffs] eause[ ] of action is substantive; better pleading will not cure it. Repleading would thus be futile. Such a futile request to replead should be denied.”); see also Hayden v. Cnty. of Nassau, 180 F.3d 42, 53 (2d Cir.1999) (<HOLDING>); accord Dluhos v. Floating and Abandoned

A: holding that dismissal with leave to amend should be granted even if no request to amend was made
B: holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice
C: holding that dismissal with leave to amend is not a final order
D: holding that if a plaintiff cannot demonstrate he is able to amend his complaint in a manner which would survive dismissal opportunity to replead is rightfully denied
D.