America´s Cup. Court Decision

SCUTTLEBUTT EXTRA - Thursday, April 2, 2009 (www.sailingscuttlebutt.com)

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(Apr. 2, 2009) - 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 opinion, the Court held,

"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.'"

Court decision:
http://www.nycourts.gov/ctapps/decisions/2009/apr09/25opn09.pdf