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B.Z. CHIROPRACTIC v. ALLSTATE

2019-04454, 2019-04456. Index No. 719878/18.

197 A.D.3d 144 (2021)

152 N.Y.S.3d 46

2021 NY Slip Op 04484

In the Matter of B.Z. CHIROPRACTIC, P.C., Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 21, 2021.

Attorney(s) appearing for the Case

Peter C. Merani P.C., New York City ( Adam Waknine of counsel), for appellant.

Amos Weinberg (Lynn Gartner Dunne, LLP, Mineola, NY [ Kenneth L. Gartner ] of counsel), for respondent.

BARROS and CHRISTOPHER, JJ., concur with DILLON, J.P.; CONNOLLY, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

This action invites us to address whether an advisory opinion or dicta in an order by a court qualifies under res judicata, collateral estoppel, or the law of the case doctrines to preclude a court in a later proceeding from considering the same issue. We hold that a court's dicta is not subject to the...

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