America's Cup - NY Court of Appeals rules in favor of GGYC

3:18 PM Thu 2 Apr 2009 GMT

'This was peace -Alinghi leads Oracle - Louis Vuitton Pacific Cup - now will we have war on the water?' Crosbie Lorimer

The New York State Court of Appeals, in the case between Golden Gate Yacht Club (GGYC) and Societe Nautique De Geneve (SNG), regarding the validity of Club Nautico Espanol De Vela (CNEV) as the Challenger of Record, has found in favor of GGYC, reversing the Appellate Division and reinstating Justice Cahn's orders.

In its unanimous 6-0 opinion, the Court decided,

'Since CNEV has failed to show that at the time it submitted its Notice of Challenge it was a '[c]lub fulfilling all the conditions required by' the Deed of Gift, it does not qualify as the Challenger of Record for the 33rd America's Cup competition and Supreme Court was correct in declaring GGYC to be the valid Challenger of Record.

'It has been posited that the right to act as trustee of the America's Cup should be decided on the water and not in a courtroom. We wholeheartedly agree. It falls now to SNG and GGYC to work together to maintain this noble sailing tradition as 'a perpetual Challenge Cup for friendly competition between foreign countries.'

The full Court decision is here:
www.nycourts.gov/ctapps/decisions/2009/apr09/25opn09.pdf

by Sail-World

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