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GOLDEN GATE YACHT CLUB v. SOCIÉTÉ NAUTIQUE DE GENÈVE

55 A.D.3d 26 (2008)

GOLDEN GATE YACHT CLUB, Respondent, v. SOCIÉTÉ NAUTIQUE DE GENÈVE, Appellant, and CLUB NAUTICO ESPANOL DE VELA, Intervenor-Defendant.

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

July 29, 2008.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City (Barry R. Ostrager, Jonathan K. Youngwood, George S. Wang and Laura D. Murphy of counsel), for appellant.

Latham & Watkins LLP, New York City (James V. Kearney and Gina M. Petrocelli of counsel), for respondent.

MOSKOWITZ and ACOSTA, JJ., concur with DEGRASSE, J.; SAXE, J.P., and NARDELLI, J., dissent in a separate opinion by NARDELLI, J.

OPINION OF THE COURT

DEGRASSE, J.

Defendant Société Nautique de Genève (SNG) appeals from an order that, insofar as is relevant to this appeal, declared plaintiff Golden Gate Yacht Club (GGYC) the Challenger of Record for the upcoming America's Cup race and invalidated the challenge by which such status was claimed by intervenor-defendant Club Náutico Español de Vela (CNEV).

The America's Cup is a silver cup trophy that constitutes...

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