African Diaspora Maritime Corp. v. Golden Gate Yacht Club

OPINION OF THE COURT

Acosta, J.

The primary issue in this case is whether plaintiff, which submitted a timely application to compete in the upcoming America’s Cup sailing regatta and was rejected, sufficiently pleaded a breach of contract claim to survive a CPLR 3211 motion to dismiss. Although defendant, the current trustee of the trophy, has discretion in selecting the defender, we find that plaintiff has alleged the existence of an enforceable contract between the parties and bad faith on defendant’s part sufficiently to state a breach of contract cause of action. Contrary to the dissent’s…