In Re the Judicial Settlement of the Intermediate Account of HSBC Bank USA, N.A.

Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered February 24, 2010. The order determined that petitioner had been negligent and that petitioner is liable for all damages occasioned by its negligence.

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…