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BALLARD v. HSBC BANK USA

6 N.Y.3d 658 (2006)

848 N.E.2d 1292

815 N.Y.S.2d 915

In the Matter of DIANE BALLARD, Appellant, v. HSBC BANK USA et al., Respondents.

Court of Appeals of the State of New York.

Decided May 11, 2006.

Attorney(s) appearing for the Case

Offermann, Cassano, Greco, Slisz & Adams, LLP, Buffalo (Josephine A. Greco and Kevin P. Wicka of counsel), for appellant.

Phillips Lytle LLP, Buffalo (James R. Grasso of counsel), for HSBC Bank USA, respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

The issue before this Court is whether the failure of petitioner Diane Ballard to include a return date in a notice of petition constitutes a nonwaivable jurisdictional defect under Executive Law § 298. We hold that it does not and that respondent HSBC waived its right to challenge the alleged defect.

Following a determination by respondent Edward A. Friedland...

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