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AFRICAN DIASPORA MARITIME CORPORATION v. GOLDEN YACHT CLUB

653419/11, 9896.

109 A.D.3d 204 (2013)

968 N.Y.S.2d 459

2013 NY Slip Op 4752

AFRICAN DIASPORA MARITIME CORPORATION, Appellant, v. GOLDEN GATE YACHT CLUB, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2013.

Attorney(s) appearing for the Case

McDermott Will & Emery LLP, New York City ( Andrew B. Kratenstein , Banks Brown and Audrey Lu of counsel), for appellant.

Boies, Schiller & Flexner LLP, New York City ( Philip M. Bowman and Julia C. Hamilton of counsel), for respondent.

FEINMAN and CLARK, JJ., concur with ACOSTA, J.; TOM, J.P., dissents in a separate opinion.

OPINION OF THE COURT

ACOSTA, J.

The primary issue in this case is whether plaintiff, which submitted a timely application to compete in the upcoming America's Cup sailing regatta and was rejected, sufficiently pleaded a breach of contract claim to survive a CPLR 3211 motion to dismiss. Although defendant, the current trustee of the trophy, has discretion in selecting the defender, we find that plaintiff has alleged the existence of an enforceable contract...

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