An ongoing legal dispute over the next America's Cup yachting competition is back in the hands of a New York judge after planning talks broke down between the main two rivals, one team said yesterday.

The Golden Gate Yacht Club (GGYC), which sponsors the BMW-Oracle team, has asked a New York judge to hold defending champions Alinghi in contempt of court for seeking to delay yachting's most prestigious race by three months.

GGYC contends the first round of the race must be held no later than early February 2010. But Alinghi has said that the race should be held in May 2010.

Both sides have been ordered to appear in court May 14.

"By forcing litigation over our rightful challenge, they have already managed to delay the match from July 2008 to February 2010," GGYC spokesman Tom Ehman said.

"Now they seek another three-month delay. Enough is enough."

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