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MATTER OF HSBC BANK USA, N.A.

700 CA 16-00311.

151 A.D.3d 1712 (2017)

57 N.Y.S.3d 586

2017 NY Slip Op 04661

In the Matter of the Judicial Settlement of the Intermediate and Final Accounts of HSBC BANK USA, N.A., and Others, as Trustees of the Trust under Agreement Dated September 16, 1977, CLARISSA L. VAIDA, Formerly Known as CLARISSA L. VIMMERSTEDT, Grantor, for the Benefit of CLARISSA L. VAIDA, Formerly Known as CLARISSA L. VIMMERSTEDT, for the Period September 22, 1977, to September 24, 2011. CLARISSA L. VAIDA, Formerly Known as CLARISSA L. VIMMERSTEDT, Appellant; HSBC BANK USA, N.A., Respondent. (Appeal No. 1.)

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

Decided June 9, 2017.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating those parts of the second ordering paragraph awarding attorneys' fees and costs and disbursements and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: The respondent in each of these consolidated appeals established a revocable trust for her respective...

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