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U.S. Sailing Club Will Negotiate Terms for the America's Cup

New York Law Journal

April 3, 2009

The New York Court of Appeals yesterday in a ruling written by Judge Carmen Beauchamp Ciparick upended the defending America's Cup champion's choice of a challenger for a meet that had been set for July 2010. In a second ruling, the Court yesterday rejected a common-law fraud claim brought by the purchaser of a $13.3 million Park Avenue condominium as an "end run" around the state's Martin Act, which only the New York State Attorney General's Office is empowered to enforce. The Court also upheld the restrictions placed by the Superintendent of Insurance upon legal fees that can be collected where doctors seek reimbursement for treating no-fault accident victims.

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