ADM's Breach of Contract Motion Upheld
2013-06-25 Released

By Lynn Fitzpatrick

June 25, 2013 (New York, NY) The Appellate Division, First Department of the New York State Unified Court System released its ruling on the African Diaspora Maritime v. Golden Gate Yacht Club case number 653419/11. The ruling reads "Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered January 18, 2013, modified, on the law, to deny the motion as to the breach of contract claim, and otherwise affirmed, without costs."

African Diaspora Maritime's original claim alleged breach of contract, breach of trust, breach of fiduciary duty and inside dealing. The judges ruled that there is merit to the claim of breach of contract. Only Justice Peter Tom dissented with the consensus of the five-judge panel.

While I am not a lawyer, I believe this means that African Diaspora Maritime can further pursue the breach of contract claim and enter the discovery process. The ruling is posted at: http://www.courts.state.ny.us/courts/ad1/calendar/appsmots/2013/June/2013_06_25_dec.pdf. Scroll about two-thirds of the way through the batch of rulings.

I wish Charles M. Kithcart, African Diaspora Maritime, its board and all of its supporters all the best in pursuing justice.

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