The 33rd America's Cup will take place from the 8th of February after the New York Supreme Court said it won't hear before the race a complaint from BMW Oracle over the origin of sails to be used by holders Alinghi.
The holders, Alinghi, issued a statement saying Justice Kornreich informed the America's Cup competitors of her decision in a teleconference.
BMW Oracle asked the court to decide if Swiss-based Alinghi, who sail under the colours of SNG, were allowed to defend the title with sails made in the United States.
The Deed of Gift rules for the competition say competitors' yachts must be constructed in the country they represent.
The holders also accused BMW Oracle, who sail under the GGYC colours, of having a French-designed yacht as part of the Swiss team's defence in the long-running legal battle.
Alinghi team president, Ernesto Bertarelli, says the outcome is excellent news, and they're now looking forward to meeting BMW Oracle on the start line in Valencia on the eighth of February.
