African Diaspora Maritime Corp. v. Golden Gate Yacht Club

Tom, J.P

(dissenting). This is ostensibly an action for breach of contract, to which plaintiff has appended claims of an asserted breach of trust, based on defendant’s rejection of plaintiffs application to participate in the America’s Cup yacht race, to be held this year. Since no contract between the parties ever arose, the contract claim must be dismissed. Further, any *215right to participate in the America’s Cup competition that plaintiff might be said to possess is bestowed solely by the agreement or “Protocol” between defendant Golden Gate Yacht Club (GGYC), as Defender and trustee of the…