1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 76 N.Y.2d
  5. 76 N.Y.2d 256 (1990)
 

MERCURY BAY v. SAN DIEGO

76 N.Y.2d 256 (1990)

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

Court of Appeals of the State of New York.

Decided April 26, 1990.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., George N. Tompkins, Jr., James L. Kerr, Morris H. Wheeler, Ivor Wolk, John M. Boyle, Thomas J. Whalen, Diane Westwood Wilson and Deborah A. Elsasser for appellant.

Harold R. Tyler, Jr., Mark W. Smith, of the California Bar, admitted pro hac vice, Kenneth M. Poovey, of the California Bar, admitted pro hac vice, James E. Brandt and Blair Axel for San Diego Yacht Club, respondent.

Robert Abrams, Attorney-General (David G. Samuels, O. Peter Sherwood, Lawrence S. Kahn and Pamela A. Mann for the Ultimate Charitable Beneficiaries, respondent.

James W. Rayhill and Richard M. Waldron for New York Yacht Club, intervenor.

Michael D. Hess and Marjorie L. Cohen for Royal Perth Yacht Club of Western Australia (Inc.), defendant.

Leonard Garment for Robert N. Bavier, Jr., and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur with Judge ALEXANDER; Chief Judge WACHTLER concurs in a separate opinion; Judge HANCOCK, JR., dissents and votes to reverse in another opinion in which Judge TITONE concurs.

ALEXANDER, J.

On September 7 and 9, 1988, in the waters off San Diego, California, Mercury Bay Boating Club Inc.'s challenger vessel, the New Zealand, a monohull-keel yacht, was defeated two races to none by San Diego Yacht Club's defending twin-hulled catamaran, the Stars and Stripes, in the 27th America's Cup match. Contending that San Diego's defense of the Cup by sailing an inherently faster...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases