Friday, 1/29/10 - Justice Kornreich of the New York Supreme Court informed the America's Cup defending yacht club, Société Nautique de Genève, and the challenging Golden Gate Yacht Club today via telephone conference that she will not hear the American challenger's complaint regarding the 'constructed in country' requirement of the Deed of Gift before the 33rd America's Cup Match which is scheduled to begin on February 8th.
This means the 33rd America's Cup is free to proceed as ordered by previous New York rulings: in Valencia on the 8, 10 and 12 February.
"This is excellent news. We are delighted that BMW Oracle's attempts to disqualify Alinghi and to win the America's Cup in court have been denied. We look forward to meeting them on the start line here in Valencia on February 8th to race for the Cup; something they can no longer try to avoid," said Ernesto Bertarelli.
The spin machine is on full speed now. BMWO did not attempt to "DSQ" Alinghi...they were merely trying to get them to conform their sail inventory to the CiC clause in the Deed of Gift - and even offered time to allow them to remake sails to meet the requirement.
Alinghi NOT addressing this now leaves them susceptible to yet another way they may lose the cup should they manage to win on the water (albeit with illegal sails). It's like showing up to a Hobie regatta with a mylar Glen Ashby mainsail on your Hobie 16 but then publicly chastising anyone that protests you.
