Archived

This topic is now archived and is closed to further replies.

jocecito2007

Court decision coming today and the sheikh's won't like it

Recommended Posts

You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

Share this post


Link to post
Share on other sites

You are probably right!

 

You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

Share this post


Link to post
Share on other sites
What's to be decided today?

 

 

Venue, AGAIN. Rudders, AGAIN.

Share this post


Link to post
Share on other sites
What's to be decided today?

 

 

Venue, AGAIN. Rudders, AGAIN.

 

Groundhog day... yeah?

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

excited, excited...

 

2uy3nuc.jpg

 

wvv14g.jpg

Share this post


Link to post
Share on other sites
looking forward to that part of the world!

 

2ujjtbs.jpg

 

 

Jamón, always bellota... (or recebo, although you've already guessed by the price ;))

Share this post


Link to post
Share on other sites
wheres that shop? im probably going to be in valencia for a few days near newyear

Try the "museum of ham" in madrid. It's near the plaza del sol, upstairs from the bullfight bar. Go for the black hoofed ones! They are the "free range" swine. Expensive, but worth it....

Share this post


Link to post
Share on other sites
wheres that shop? im probably going to be in valencia for a few days near newyear

Try the "museum of ham" in madrid. It's near the plaza del sol, upstairs from the bullfight bar. Go for the black hoofed ones! They are the "free range" swine. Expensive, but worth it....

Such shops are everywhere in Spain ...

Share this post


Link to post
Share on other sites

Main difference is what the pigs are fed with. "Bellotas" are acorns, these pigs live in open farms (dehesas) so they get a lot of exercise and feed on acorns fallen from the holm oaks, "recebo" means they are fed on fodder most of their life and the last months on acorns. The cheap ham comes from fodder fed pigs only.

 

With all this economic downfall we are going through, prices have gone down a lot...

 

BTW, after this tasty hijack, Any news from Court??

 

EDIT: late post...

Share this post


Link to post
Share on other sites

Dang! Time's running short.

 

I think the judges are letting them stew so the venue becomes moot as they will both have to turn up and race...

Jocecito has been spot on. Sometimes we have misinterpreted his comment on what the coming-ruling means but this time he is crystal clear, at least on the venue aspect.

 

So they may be 'letting them stew' but they would still have to rule on it anyway... maybe it just hasn't been signed off yet by everyone who needs to? That seems to have happened before too.

 

I think EB and LM are going to make some tough decisions here. This is beginning to hurt.

Share this post


Link to post
Share on other sites
AHHHHHHH....jamon, me gusta mucho, pero me gusta lomo mejor.

 

Pardon any grammar foulups.

 

Google has a phrase translator. It says that the correct way to say this in Spanish is"

 

Jamón gusta mucho, pero me gusta más el lomo

 

You did a hell of a lot better than I would have.

Share this post


Link to post
Share on other sites
AHHHHHHH....jamon, me gusta mucho, pero me gusta lomo mejor.

 

Pardon any grammar foulups.

 

Google has a phrase translator. It says that the correct way to say this is spanish is"

 

Jamón gusta mucho, pero me gusta más el lomo

 

You did a hell of a lot better than I would have.

 

 

Don't trust google translators... This is the right way:

 

"El jamón me gusta mucho, pero me gusta más el lomo" ;)

Share this post


Link to post
Share on other sites

Honestly, there is very little in the world better than some really good jamon. There was a bar owner where I lived in Andalucia that would serve it to me with dates. Unbelievable.

 

Not to mention queso manchego con dulce de mebrillo, aceitunas, churros y chocolate, etc.

 

I REALLY miss living in Spain...

Share this post


Link to post
Share on other sites
Honestly, there is very little in the world better than some really good jamon. There was a bar owner where I lived in Andalucia that would serve it to me with dates. Unbelievable.

 

Not to mention queso manchego con dulce de mebrillo, aceitunas, churros y chocolate, etc.

 

I REALLY miss living in Spain...

manchego mmmmmmmmmmm.

 

Will be going back to Spain for the first time in 20 years after having lived in Madrid for a couple of years. And what a coinkidink, it will be in February.

 

Can't wait to sit down to a meal of cochinillo.

Share this post


Link to post
Share on other sites
Honestly, there is very little in the world better than some really good jamon. There was a bar owner where I lived in Andalucia that would serve it to me with dates. Unbelievable.

 

Not to mention queso manchego con dulce de mebrillo, aceitunas, churros y chocolate, etc.

 

I REALLY miss living in Spain...

manchego mmmmmmmmmmm.

 

Will be going back to Spain for the first time in 20 years after having lived in Madrid for a couple of years. And what a coinkidink, it will be in February.

 

Can't wait to sit down to a meal of cochinillo.

 

awesome KK. It's been too long for me as well (+/- 15 years).

Share this post


Link to post
Share on other sites
Honestly, there is very little in the world better than some really good jamon. There was a bar owner where I lived in Andalucia that would serve it to me with dates. Unbelievable.

 

Not to mention queso manchego con dulce de mebrillo, aceitunas, churros y chocolate, etc.

 

I REALLY miss living in Spain...

manchego mmmmmmmmmmm.

 

Will be going back to Spain for the first time in 20 years after having lived in Madrid for a couple of years. And what a coinkidink, it will be in February.

 

Can't wait to sit down to a meal of cochinillo.

 

awesome KK. It's been too long for me as well (+/- 15 years).

 

I guess it would be difficult to find jamon de bellota, cochinillo al horno, and some other mouthwatering pork delicatessen in RAK. Welcome back to Valencia guys ...

Share this post


Link to post
Share on other sites
AHHHHHHH....jamon, me gusta mucho, pero me gusta lomo mejor.

 

Pardon any grammar foulups.

 

Google has a phrase translator. It says that the correct way to say this is spanish is"

 

Jamón gusta mucho, pero me gusta más el lomo

 

You did a hell of a lot better than I would have.

 

 

Don't trust google translators... This is the right way:

 

"El jamón me gusta mucho, pero me gusta más el lomo" ;)

 

Better yet:

 

" Me gusta el Jamón, pero me encanta el pecho "

 

much more SA.

 

Get a serving of Jabugo. Around 130 euro a kilo, but it is like heaven. One of the best Jamones and well just try it. Just a slice or two is not too expensive.

 

Another good place to try out toward Las Rozas is el Jamonasterio... The ham - monastary. Great place.. or the terraza in Majadahonda where the beer taps are pigs legs. Two great things in one place.

Share this post


Link to post
Share on other sites
Better yet:

 

" Me gusta el Jamón, pero me encanta el pecho "

 

much more SA.

 

Yeah, I like breast better too, but we are talking food here... ;) ;)

Share this post


Link to post
Share on other sites
Better yet:

 

" Me gusta el Jamón, pero me encanta el pecho "

 

much more SA.

 

Yeah, I like breast better too, but we are talking food here... ;) ;)

Anything to take your mind off the legal cock up by NYSC. :lol:

Share this post


Link to post
Share on other sites
Better yet:

 

" Me gusta el Jamón, pero me encanta el pecho "

 

much more SA.

 

Yeah, I like breast better too, but we are talking food here... ;) ;)

Anything to take your mind off the legal cock up by NYSC. :lol:

 

Sorry the courts in your country are so corrupt the have left you jaded.

Share this post


Link to post
Share on other sites
Better yet:

 

" Me gusta el Jamón, pero me encanta el pecho "

 

much more SA.

 

Yeah, I like breast better too, but we are talking food here... ;) ;)

Anything to take your mind off the legal cock up by NYSC. :lol:

 

Sorry the courts in your country are so corrupt the have left you jaded.

Not half as bad as the Italian courts. Just ask anyone in Seattle. :lol:

Share this post


Link to post
Share on other sites

Based on jocecito's track record, we should expect a decision on Thursday the 24th.

 

Usually two weeks ahead of the curve, or two weeks late....

 

Merry Christmas to all...and to all a good night!

Share this post


Link to post
Share on other sites

If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

I believe the issuance of a stay is based on the likelihood of success of your appeal. If you didn't get a stay for your first appeal, and then you lost the appeal, your chances for a stay on the second appeal would be close to zilch.

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

I'm not sure about this one, but I think that you can't appeal a failed appeal. If I'm right, BMO could appeal up to Albany, but Alinghi couldn't. I'm sure one of our resident lawyers will correct me if this is my thrid mistake for the day here on SA.

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

I'm not sure about this one, but I think that you can't appeal a failed appeal. If I'm right, BMO could appeal up to Albany, but Alinghi couldn't. I'm sure one of our resident lawyers will correct me if this is my thrid mistake for the day here on SA.

Don't worry about it, according to some people here everything I write is a mistake. :lol:

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

I'm not sure about this one, but I think that you can't appeal a failed appeal. If I'm right, BMO could appeal up to Albany, but Alinghi couldn't. I'm sure one of our resident lawyers will correct me if this is my thrid mistake for the day here on SA.

 

You're confusing appeals that are "by right" versus those that the court has to agree to hear.

 

The first appeal in a chain is "by right", meaning it's automatically heard. SNG's appeal to the appellate division is by right. If they were to lose there, they could file an appeal, but it would be up to the CoA to decide whether they would hear it or not. OTOH, if SNG wins, then GGYC's appeal(if they filed one) to the CoA would be automatic as it would be their first on this issue.

 

I don't get the feeling SNG will appeal this one, though. They seem to finally be tiring of getting their ass handed to them in court. Whether that means they think they've got the advantage on the water, they're afraid of what the BoFD suit might come to, or something else, is anyone's guess.

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

I'm not sure about this one, but I think that you can't appeal a failed appeal. If I'm right, BMO could appeal up to Albany, but Alinghi couldn't. I'm sure one of our resident lawyers will correct me if this is my thrid mistake for the day here on SA.

Don't worry about it, according to some people here everything I write is a mistake. :lol:

 

Rocky,

 

That about sizes it up.

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

I'm not sure about this one, but I think that you can't appeal a failed appeal. If I'm right, BMO could appeal up to Albany, but Alinghi couldn't. I'm sure one of our resident lawyers will correct me if this is my thrid mistake for the day here on SA.

Don't worry about it, according to some people here everything I write is a mistake. :lol:

 

Rocky,

 

That about sizes it up.

Doesn't mean to say that you're right though, does it? :lol:

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

I'm not sure about this one, but I think that you can't appeal a failed appeal. If I'm right, BMO could appeal up to Albany, but Alinghi couldn't. I'm sure one of our resident lawyers will correct me if this is my thrid mistake for the day here on SA.

 

The Appellate decision ruling COULD be appealed to the New York State Supreme Court. BUT if the ruling is 5:1 or worse against, NYSSC can simply decline to hear it.

Share this post


Link to post
Share on other sites
The Appellate decision ruling COULD be appealed to the New York State Supreme Court. BUT if the ruling is 5:1 or worse against, NYSSC can simply decline to hear it.

Appellate Division panels are five judges, so there is an automatic right of appeal if a party loses 3:2, if they lose 4:1 or 5:0, the CoA has discretion as to accepting the appeal.

Share this post


Link to post
Share on other sites
The Appellate decision ruling COULD be appealed to the New York State Supreme Court. BUT if the ruling is 5:1 or worse against, NYSSC can simply decline to hear it.

Appellate Division panels are five judges, so there is an automatic right of appeal if a party loses 3:2, if they lose 4:1 or 5:0, the CoA has discretion as to accepting the appeal.

What if four judges preside over the hearing ?

Share this post


Link to post
Share on other sites
Better yet:

 

" Me gusta el Jamón, pero me encanta el pecho "

 

much more SA.

 

Yeah, I like breast better too, but we are talking food here... ;) ;)

Anything to take your mind off the legal cock up by NYSC. :lol:

 

Worried is not the adjective I'd use. Uncertain, yes... to a very small degree.

 

I suggest you enjoy your last few hours of "possibly winning the appeal".

 

When it is read, you are going to have to create a new full fantasy to replace this partial but near complete one.

Share this post


Link to post
Share on other sites
Better yet:

 

" Me gusta el Jamón, pero me encanta el pecho "

 

much more SA.

 

Yeah, I like breast better too, but we are talking food here... ;) ;)

Anything to take your mind off the legal cock up by NYSC. :lol:

 

Worried is not the adjective I'd use. Uncertain, yes... to a very small degree.

 

I suggest you enjoy your last few hours of "possibly winning the appeal".

 

When it is read, you are going to have to create a new full fantasy to replace this partial but near complete one.

Why? The outcome of the appeal is only a potential problem for BOR. :lol:

Share this post


Link to post
Share on other sites
If the Appellate court says Valencia, is the next stop Albany?

 

With a "stay" to stop the process (and any racing) until the CoA has ruled?

 

Yep, completely crazy!

 

But since when did that matter?

 

This was discussed in another thread, but here is the short course.

 

SNG requested a stay already, it was denied by the AD.

 

Appeal to CA is not automatic, they have to agree to take it. Given the issues that is doubtful.

 

If they do, a stay is even less likely than it was in the AD.

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

the last time Jocecito announced a decision and it was delayed: wasn't that when the Appeals Court over turned Kahn?

 

Oath. I hope there isn't any prevaricating going on again.

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

I think the decisions will be available at this link first. It is still 404 but could be posted in the next 30 minutes or less:

 

http://www.nycourts.gov/courts/ad1/calenda...9_12_15_dec.pdf

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

the last time Jocecito announced a decision and it was delayed: wasn't that when the Appeals Court over turned Kahn?

 

Oath. I hope there isn't any prevaricating going on again.

 

Wasn't that the one where the minority opinion was much better written than the majority opinion?

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

the last time Jocecito announced a decision and it was delayed: wasn't that when the Appeals Court over turned Kahn?

 

Oath. I hope there isn't any prevaricating going on again.

 

Wasn't that the one where the minority opinion was much better written than the majority opinion?

Correct, and it was in this same court (although all different judges)

 

It struck some as if there had been a late vote switch by one.

 

But he has mistimed it on other occasions too - yet still been right on the decision on those occasions.

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

the last time Jocecito announced a decision and it was delayed: wasn't that when the Appeals Court over turned Kahn?

 

Oath. I hope there isn't any prevaricating going on again.

 

Wasn't that the one where the minority opinion was much better written than the majority opinion?

Correct, and it was in this court (although all different judges)

 

It struck some as if there had been a late vote switch by one.

Great...this was where the whole case turned on the word "having".

Now it's all hinging on the word "any".

 

Let's hope that the "Poet" judge isn't involved again.

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

I think the decisions will be available at this link first. It is still 404 but could be posted in the next 30 minutes or less:

 

http://www.nycourts.gov/courts/ad1/calenda...9_12_15_dec.pdf

The other one to watch

 

http://www.nycourts.gov/reporter/slipidx/aidxtable_1.shtml

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

I think the decisions will be available at this link first. It is still 404 but could be posted in the next 30 minutes or less:

 

http://www.nycourts.gov/courts/ad1/calenda...9_12_15_dec.pdf

The other one to watch

 

http://www.nycourts.gov/reporter/slipidx/aidxtable_1.shtml

not there again. Maybe next week.

Share this post


Link to post
Share on other sites
You will most probably insult me but I was right WAY back when I said the 33rd AC would take place in Valencia and it will.

 

I hear the decision is coming today and I'm sure the sheikh's won't like it.

 

I think the decisions will be available at this link first. It is still 404 but could be posted in the next 30 minutes or less:

 

http://www.nycourts.gov/courts/ad1/calenda...9_12_15_dec.pdf

The other one to watch

 

http://www.nycourts.gov/reporter/slipidx/aidxtable_1.shtml

not there again. Maybe next week.

Today's decisions have not been posted as of now. So there is still hope.

Share this post


Link to post
Share on other sites

Peter said if not this week then it wouldn't be till after the first due to recess. They could announce this Thursday, which was my prediction yesterday.

 

Here is the link for case decisions.

Share this post


Link to post
Share on other sites
Peter said if not this week then it wouldn't be till after the first due to recess. They could announce this Thursday, which was my prediction yesterday.

 

Here is the link for case decisions.

WOW.... decisions posted and it's not there...

 

I say the Ocean Lady heads to VLC and the BFD motion goes full steam ahead...

 

Still love this video BTW..... http://www.nycourts.gov/ctapps/021009.asx

Share this post


Link to post
Share on other sites
Peter said if not this week then it wouldn't be till after the first due to recess. They could announce this Thursday, which was my prediction yesterday.

 

Here is the link for case decisions.

WOW.... decisions posted and it's not there...

 

I say the Ocean Lady heads to VLC and the BFD motion goes full steam ahead...

 

Still love this video BTW..... http://www.nycourts.gov/ctapps/021009.asx

Sw Sailor's link is to the wrong court. This is the correct link. http://www.nycourts.gov/reporter/slipidx/aidxtable_1.shtml

Share this post


Link to post
Share on other sites
Peter said if not this week then it wouldn't be till after the first due to recess. They could announce this Thursday, which was my prediction yesterday.

 

Here is the link for case decisions.

WOW.... decisions posted and it's not there...

 

I say the Ocean Lady heads to VLC and the BFD motion goes full steam ahead...

 

Still love this video BTW..... http://www.nycourts.gov/ctapps/021009.asx

 

 

wrong link... That's CoA decisions not AD, 1st Dept.

 

Here's the correct one, but as of this moment it's not updated...

 

http://www.nycourts.gov/reporter/slipidx/aidxtable_1.shtml

Share this post


Link to post
Share on other sites
Looks like its out, 2009 NYSlipOp 09306.

 

But the linky does not work, so can't see it yet.

Where did you find that? It isn't posted on either of the above links.

Share this post


Link to post
Share on other sites
Looks like its out, 2009 NYSlipOp 09306.

 

But the linky does not work, so can't see it yet.

Where did you find that? It isn't posted on either of the above links.

 

Decisions Search

http://iapps.courts.state.ny.us/lawReporting/Search

Search for Golden Gate Yacht Club, there's a list of decisions....including an opinion on 12/15.

 

Link to 12/15/2009 Opinion not active yet.

http://www.nycourts.gov/reporter/3dseries/.../2009_09306.htm

 

POSTED!!

 

RAK - NOT DEED COMPLIANT!

 

RUDDERS NOT INCLUDED IN MEASUREMENT OF LWL!

Share this post


Link to post
Share on other sites

works now. Both affirmed.

 

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 30, 2009, which granted plaintiff Golden Gate Yacht Club's (GGYC) motion for an order declaring invalid Societe Nautique De Geneva's (SNG) selection of Ras Al Khaimah, United Arab Emirates (RAK) as the venue for the 33rd America's Cup yacht race, unanimously affirmed, without costs. Order, same court and Justice, entered November 4, 2009, which, inter alia, ruled that, under the Deed of Gift governing the race, a yacht's "rudders" may not be included in measuring its length on load water-line, unanimously affirmed, without costs.

Share this post


Link to post
Share on other sites

Is this it:

 

Golden Gate Yacht Club v Société Nautique De Geneve

2009 NY Slip Op 09306

Decided on December 15, 2009

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

 

 

Decided on December 15, 2009

Friedman, J.P., Sweeny, Freedman, Abdus-Salaam, JJ.

 

1764 1765N 602446/07

 

 

[*1]Golden Gate Yacht Club, Plaintiff-Respondent,

 

v

 

SociÉtÉ Nautique De Geneve, Defendant-Appellant, Club Nautico Espanol De Vela Intervenor-Defendant. Emirates of Ras Al Khaimah, Amicus Curiae.

 

 

 

 

 

Sullivan & Cromwell LLP, New York (Robert J. Giuffra, Jr. of

counsel), for appellant.

Boies, Schiller & Flexner LLP, Armonk (David Boies of

counsel), for respondent.

Cleary Gottlieb Steen & Hamilton LLP, New York (Jeffrey A.

Rosenthal of counsel), for amicus curiae.

 

 

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 30, 2009, which granted plaintiff Golden Gate Yacht Club's (GGYC) motion for an order declaring invalid Societe Nautique De Geneva's (SNG) selection of Ras Al Khaimah, United Arab Emirates (RAK) as the venue for the 33rd America's Cup yacht race, unanimously affirmed, without costs. Order, same court and Justice, entered November 4, 2009, which, inter alia, ruled that, under the Deed of Gift governing the race, a yacht's "rudders" may not be included in measuring its length on load water-line, unanimously affirmed, without costs.

 

Concerning the October 30, 2009 order, by order filed April 7, 2009 (Golden Gate Yacht Club v Societe Nautique de Geneve, 12 NY3d 248 [2009]), the Court of Appeals reinstated a May 12, 2008 order of Supreme Court which provided, insofar as pertinent, that (1) "the location of the match shall be in Valencia, Spain or any other location selected by SNG [or agreed to by the parties], provided SNG notify GGYC in writing not less than six months in advance of the date set for the first challenge match race of the location it has selected for the challenge match races," and (2) that the date of the first race "shall be the date ten calendar months from the date of service of a copy of this order, with notice of entry, upon the attorneys who have appeared herein," or such other date as might be agreed to by the parties (2008 NY Slip Op 32296, *4-5 [May 12, 2008, Cahn, J.]). Also pertinent is the Deed's requirement that races be conducted between May 1 and November 1 if in the Northern Hemisphere and between November 1 and May 1 if in the Southern Hemisphere. Measuring 10 months from the Court of Appeals' April 7, [*2]2009 order, the first race would have to be conducted on February 8, 2010. Nevertheless, on April 23, 2009, SNG informed GGYC that the first race was to conducted on May 3, 2010, and that SNG would notify GGYC before December 3, 2009 of a Northern Hemisphere venue. GGYC moved to hold SNG in contempt, arguing that, by virtue of the April 7, 2009 order, the first race had to be conducted on February 8,

2010, and that SNG had to notify GGYC of the location of the races no later than August 8, 2009. SNG responded that it set the date in May, rather than February, because GGYC's Notice of Challenge expressly put forth a Northern Hemisphere challenge and, under the Deed, a Northern Hemisphere race could not take place earlier than May. On May 14, 2009, the court directed SNG to hold the races in February 2010, "as per the order of the Court of Appeals." On August 5, 2009, SNG announced the selection of RAK, which is in the Northern Hemisphere, as the venue of the races. GGYC again objected, arguing that, by virtue of the April 7, 2009 order, and notwithstanding the Deed's requirement that a February race be conducted in the Southern Hemisphere, the races had to be conducted in Valencia, Spain, which is in the Northern Hemisphere, in February 2010, absent agreement otherwise between the parties or SNG's selection of an alternative Deed-compliant location by August 8, 2009. The motion court correctly rejected SNG's selection of RAK. The April 7, 2009 order of the Court of Appeals does not explicitly state that it intended to remove entirely the Deed's hemisphere requirements, or otherwise indicate, as SNG argues, that it was a compromise between GGYC's claimed right to have the race conducted as soon as 10 months after issuance of the order and SNG's claimed right to select a Northern Hemisphere venue. Accordingly, the order should be read as carving out an exception

to the Deed's hemisphere requirements in the case of Valencia, and the phrase "or any other location selected by SNG" should be read as "or any other Deed-compliant location selected by SNG." RAK, which is in the Northern Hemisphere, is not a Deed-compliant location for a February race.

 

Concerning the November 4, 2009 order on appeal, the court correctly found, based on extrinsic evidence, that the Deed excludes rudders for the purpose of measuring the length on load water-line. The Deed, which provides, in relevant part, that the competing vessels, "if single-masted, must measure between 44 and 90 feet on the load water-line," and states that neither the "center-board" nor "sliding keel" shall be considered part of the vessel for any purposes of measurement, but does not define "load water-line," which is clearly a term of art with specialized meaning in the sport of sailing, is ambiguous as to whether rudders should be considered in measuring the length on load water-line. The mere fact that the Deed expressly only states that the center-board and sliding keel shall not be considered in the measurement does not necessarily mean that all other parts of the vessel, including the rudders, were intended to be considered in making that measurement. Given this ambiguity, the court properly relied on undisputed extrinsic evidence, including New York Yacht Club rules extant at the time the 1887 Deed was settled, showing that length on load water-line is typically

measured "exclusive of any portion of the rudder or rudder-stock." [*3]

 

We have considered the remaining contentions and find them unavailing.

 

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

 

ENTERED: DECEMBER 15, 2009

 

CLERK

Share this post


Link to post
Share on other sites

"We have considered the remaining contentions and find them unavailing."

 

Norberto and DRTB and a few others, read that sentence above with care.

Share this post


Link to post
Share on other sites

Where is Peelman's victory chart when you need it? Two more for Oracle...now they just need a few on the water to complete the sweep.

Share this post


Link to post
Share on other sites

Ernesto's 6th best lawyers failed. He has to be running out of white shoe firms to hire.

Share this post


Link to post
Share on other sites
Merry Fucking Christmas Robert and Norberto.

 

You too Erne$to, and that little prick with ears Lucian.

 

Don't forget Barry "The not-so-Jedi" Outrager...couldn't have happened to a nicer bunch. :P

Share this post


Link to post
Share on other sites

>> Decision is out - read it and weep/cheer

 

 

Yaaaaaaaaayyy!

 

Now get to it on the water like it should be!

 

Go BMW/Oracle

Share this post


Link to post
Share on other sites