Sail-World.com : America's Cup: Damning statement filed by New York Yacht Club
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America's Cup: Damning statement filed by New York Yacht Club |
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'New York Yacht Club in mid-town Manhattan.'
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In a surprise move, the New York Yacht Club has filed an 'amicus curiae' brief with the Appeal Court In New York.
The brief is damning on the role and validity of the Club Nautico Espanol de Vela, which is the current Challenger of Record, subject to an Appeal by Golden Gate YC.
The New York Yacht Club was the holder of the America's Cup from 1851 to 1983 and is regarded, as the bastion of the America's Cup, even though it is not currently a participant.
The statement is very supportive of the arguments advanced by Golden Gate YC, and would leave the Appeal Court in no doubt as to the club's views on the roles of CNEV, and its rather limited future as Challenger of record.
The reasons for the club's late move is explained in the body of the statement, as follows:
'NYYC recognizes that the fate of the current America’s Cup now rests in the hands of the Court. In this regard, the Club believes that its position has been misrepresented in the papers submitted to this Court. (See Defendant’s Appellate Brief, 35 (falsely implying that the NYYC supports SNG’s position that a Challenger of Record)
As a result, the NYYC has resolved to express its opinion on the issues raised herein, in the hope that the Club’s experience with such matters will be of assistance to the Court.'
The summary of the text reads.
New York Yacht Club ('NYYC' or the 'Club') respectfully submits this brief as amicus curiae to urge the Court to reverse the decision of the Appellate Division and hold that the challenge submitted by Club Náutico Española de Vela ('CNEV') on July 3, 2007 was invalid under the Deed of Gift governing the America’s Cup and that CNEV is therefore ineligible to act as the Challenger of Record in the 33rd America’s Cup.
The NYYC has not submitted a challenge for the upcoming 33rd America’s Cup. It has no personal interest or stake in the outcome of the litigation before the Court. Its interest in the subject of this litigation stems from its long, unique involvement with the America’s Cup and its desire to have the competition remain faithful to the Deed of Gift drafted by the settlors and to see that the races for the Challenger Selection Series and the America’s Cup are fair and even-handed competitions for all participants.
To read the full text click here
The decision of the Appellate Division of the New York Supreme Court was a 3-2 majority one with the two most senior members of the bench dissenting.
It seems very hard to believe that the Appeal Court of New York could overlook the view of a club, now independent, of the standing of New York Yacht Club, meaning that the next America's Cup would be sailed in multihulls unless there is mutual agreement on a multi challenger event..
The full hearing of the Appeal will be on 10 February, with a decision expected in late March or early April 2009. That will be the final Appeal.
by Richard Gladwell, Sail-World
8:29 PM Wed 31 Dec 2008 GMT
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