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MATTER OF HSBC BANK USA, N.A.

CA 11-00038.

96 A.D.3d 1655 (2012)

947 N.Y.S.2d 288

2012 NY Slip Op 4952

In the Matter of the Judicial Settlement of the Intermediate Account of HSBC BANK USA, N.A., et al., as Trustees of the Trust under Agreement dated December 23, 1975 and Restated August 15, 1990 for the Benefit of SEYMOUR H. KNOX, IV, et al., SEYMOUR H. KNOX, IV, Grantor for the Period December 23, 1975 to November 3, 2005. HSBC BANK USA, N.A., Appellant; SEYMOUR H. KNOX, IV, Respondent. (Proceeding No. 3.). (Appeal No. 6.)

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

June 19, 2012.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the amended objections and as modified the order is affirmed without costs and the matter is remitted to Surrogate's Court, Erie County, for further proceedings on the petition.

Memorandum: Petitioner, HSBC Bank USA, N.A. (Bank), appeals from an order determining that the Bank, as cotrustee of the revocable trust at issue in this proceeding, was negligent and that the...

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