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BOATING CLUB v. YACHT CLUB

150 A.D.2d 82 (1989)

Mercury Bay Boating Club Inc., Respondent, v. San Diego Yacht Club, Appellant, and New York Yacht Club, Intervenor, et al., Defendant In the Matter of San Diego Yacht Club, Appellant. Attorney-General of the State of New York, Appellant

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

September 19, 1989

Attorney(s) appearing for the Case

George N. Tompkins, Jr., of counsel (John M. Boyle, Thomas J. Whalen and Diane Westwood Wilson; and David A. R. Williams and Andrew A. Johns, of the New Zealand Bar, with him on the brief; Condon & Forsyth, attorneys), for respondent.

Harold R. Tyler, Jr., of counsel (Mark W. Smith, James E. Brandt and Blair Axel with him on the brief; Latham & Watkins, and Patterson, Belknap, Webb & Tyler, attorneys), for appellant.

David G. Samuels of counsel (Lawrence S. Kahn and Pamela A. Mann with him on the brief; Robert Abrams, Attorney-General, attorney), for Ultimate Charitable Beneficiaries.

Michael D. Hess of counsel (Marjorie L. Cohen with him on the brief; White & Case, attorneys), for defendant.

James W. Rayhill of counsel (Richard M. Waldron with him on the brief; Carter, Ledyard & Milburn, attorneys), for intervenor.

MILONAS and WALLACH, JJ., concur with SULLIVAN, J. P.; RUBIN, J., concurs in an opinion; KASSAL, J., dissents in a separate opinion.

SULLIVAN, J. P.

This appeal is from an order which, on the basis of a determination that the defense of the America's Cup in a catamaran violated the provisions of the deed of gift of the America's Cup, set aside the results of the 1988 America's Cup races between the yachts of the San Diego Yacht Club and Mercury Bay Boating Club, declared Mercury Bay's challenging yacht, New Zealand, to be the winner...

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