A new motion lodged today by the Defender seeking to re-argue the New York State Supreme Court’s decision lacks merit, the Golden Gate Yacht Club (GGYC) said today.
'If these arguments were valid they would have been presented months ago,' Tom Ehman, the GGYC’s spokesman said.
'But unfortunately they now look like a rather desperate measure by Alinghi’s new lawyers. We are confident they will be rejected by the Court.'
The notice of challenge delivered by GGYC on July 11, 2007 complied fully with the requirements of the Deed of Gift, he said. This fact has always been accepted by the Defender who up until now has never raised an issue on this point.
The second new argument is equally unfounded. Under the Court's November 27th decision granting summary judgment to GGYC, it does not matter whether or not CNEV allegedly conducted a regatta in November, as this was still more than four months after its invalid challenge.