NY Supreme Court rejects Swiss America's Cup claim

by Jane Eagleson, Golden Gate YC Media on 9 May 2008 The Appellate Division of the New York Supreme Court has turned down the Societe Nautique de Geneve's claim for a stay of proceedings pending an Appeal.

In a statement issued this morning, the Golden Gate Yacht Club (GGYC) said today it is pleased the Appellate Division of the New York Supreme Court has today rejected a further effort by the defender to stay proceedings pending its upcoming appeal.

Last month, the defender unsuccessfully sought an interim stay, when it lodged an appeal against Justice Cahn's order declaring GGYC the Challenger of Record. A full panel of four justices of the Appellate court today again rejected this bid and confirmed the earlier court decision of Justice Andrias on April 15.

'We are very pleased with this outcome. Two courts have now both firmly rejected new SNG (Société Nautique de Genève)/Alinghi efforts to create more delay. We continue to expect to race in October 2008,' Tom Ehman GGYC’s spokesman said.

'We have renewed confidence that this match will not be delayed by SNG/Alinghi's appellate litigation and look forward to going racing.'

The appellate court also ordered that GGYC’s arguments to dismiss the appeal can be addressed by GGYC in its main appellate brief. That means the merits of GGYC’s motion to dismiss will be heard by the court on 5 June.