Jump to content

timmytwinstay

Members
  • Content Count

    87
  • Joined

  • Last visited

Community Reputation

11 Whiner

About timmytwinstay

  • Rank
    Member

Recent Profile Visitors

1,391 profile views
  1. Sorry about the operator Error. Chubasco on the 2011 NHYC Opening Day Race. The fellow standing in front of the mizzen mast in the red hat and red pants is the one who made Chubby go in the 50’s and 60’s, Dick Deaver (amazingly, he looks better these days at 90). Councilman Duffield (who also looks better these days) is grinding to the left and Major Avery is trimming the kite forward.
  2. My mother still tells the story of sitting on the cliff above Big Corona and watching the boats milling about outside waiting. Then, a small double ended, single engine fishing boat chugged into view, slowed a little to time the swell, gunned it (chug, chug, chug, chug) and made it look easy. This gave those waiting outside the courage to give it a try, with the unfortunate results shown in the film. She will love the movie.
  3. My mother still tells the story of sitting on the cliff above Big Corona and watching the boats milling about outside waiting. Then, a small double ended, single engine fishing boat chugged into view, slowed a little to time the swell, gunned it (chug, chug, chug, chug) and made it look easy. This gave those waiting outside the courage to give it a try, with the unfortunate results shown in the film. She will love the movie.
  4. In the mid-1970’s, Blackaller called to ask me to sail with him on the next St. Pete – Lauderdale race on a new S&S 60, followed by the letters “ULDB”, which he spoke quietly, almost as an afterthought. I had an idea what that meant, but Tom had frequently let me stay in his apartment during the Big Boat Series, so I owed him and was contemplating saying yes, but he kept making his pitch by naming the crew. When he said Conn Findlay, I stopped him and said, “I’m in”. The morning of the race there was frost on the lawn as we walked from the hotel to the boat, but it was a sunny day a
  5. The New York Supreme Court has a no nonsense tradition that goes back centuries, and the maneuvering that can take place in other jurisdictions is mostly absent. In a case such as this, the court will look at the evidence, hear testimony, review the four corners of the Deed of Gift, the law, and previous rulings. If other “challengers” are allowed joinder (which the plaintiff would likely oppose) then their evidence will be heard. The court will then make a well-reasoned ruling (that uses its typical economy of words) which places public benefit at the forefront of the decision and everythi
  6. Such a tactic may work where you practice, however, New York law places unusual standards upon the operations of a public trust. Therefore, do not be surprised if the court rules against the defender, replaces the challenger of record with the yacht club whose legitimate yet unsuccessful challenge was frustrated/thwarted by the actions of the defender, and imposes a method of accepting challenges upon future defenders so this matter does not come before the court again.
  7. All of your examples and more are applicable. However, because The Deed of Gift is technically administered as a public trust under the laws of the State of New York, the applicable statues are different than the statues private individuals/enterprise must comply with and this has the effect of turning “So what” into a cause of action.
  8. What if the board of directors of a yacht club which met the qualifications of a challenger under the Deed of Gift, for themselves and through their agents, put forth commercially reasonable efforts in multiple ways as they attempted to present a legitimate challenge to the Royal New Zealand Yacht Squadron et al., immediately after Te Rehutai crossed the finish line on March 17, 2021. If this yacht club were unsuccessful in its efforts to be the first to present such challenge because it was frustrated/thwarted by the actions of Royal New Zealand Yacht Squadron et al., in ways that could be w
  9. You are correct sir. Had to do something to keep up with the Ranger 33 in light air. But then the Ericsson 35 copied and was faster than both..., until the breeze filled in and then Counterpoint took off.
  10. Let’s assume the British beat New Zealand (with no charge to the current CoR). At the moment the British win, there is no Challenger of Record. Further, if the British at any point thwarted the attempt of a legal challenger to present a challenge for any reason, but particularly if it could be shown that said challenger might not view their plan for the next cup favorably, that would seem to be a circumstance where any court, but particularly the New York Courts would hear the case.
  11. Wouldn’t it be interesting if someone were to pull another “Larry”. The Defender would seem to have almost, if not an actual fiduciary obligation to “promote friendly completion between foreign countries” and if the Defender keeps challengers it does not like from having a fair opportunity to present a challenge, there would likely be a cause of action to present a relatively simple and inexpensive case.
  12. The recent scuttlebutt regarding consideration being given towards changing the Challenger of Record, raises a question; how does a yacht club become Challenger of Record in the present day. Back in the “old days” it appeared that the agent of a yacht club would chase down the winning boat immediately after the finish, jump on board and hand the skipper its challenge. I even recall hearing of an incident where two potential challengers displayed their roller derby moves as they elbowed each other out of the way trying to be first. The Deed of Gift appears silent on the issue and I
  13. I seem to recall that a fellow named Morgan Cox had a Thunderbird (plywood, hard chine). Morgan was good sailor, very hard to beat and a stock Cal-20 was not so good in SD, so a little sail area was added. I recall the bow sprit, but the mast head rig would have cost and $ was tight. I also recall John Rumsey pulling a young me out of the water at the launch party, when I put a foot wrong.
×
×
  • Create New...