IN THE MATTER OF DIANE BALLARD, Appellant, v. HSBC BANK USA ET AL., Respondents.

65.Court of Appeals of the State of New York.
May 11, 2006.

Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Opinion by Judge CIPARICK.

Order reversed, with costs, and motion to dismiss the petition by respondent HSBC Bank USA denied.