With just more than three months to go before the start of another contentious America's Cup, a shore crew in San Diego focused on spars on Wednesday while the bitter legal sparring dragged on in a New York court.

In San Diego, challenger BMW Oracle Racing was trying to learn why the 60m mast on its monster trimaran came crashing down on Tuesday during a test sail on the Pacific Ocean.

The syndicate said it planned to debut a new rig next week anyway, so it's possible it will lose only two to three days of sailing.

No-one was injured when the carbon-fibre mast crashed onto the aft beam, breaking the spar in two.

In New York, two-time defending champion Alinghi of Switzerland got one more chance to push for Ras al-Khaimah, United Arab Emirates, as the venue for its showdown against BMW Oracle Racing.

Racing in giant multihulls is set to begin on February 8.

The Supreme Court of the State of New York Appellate Division granted an expedited appeal of a lower court judge's ruling last week that Ras al-Khaimah is not eligible to host the best-of-three series because of stipulations in the 19th-century Deed of Gift.

Barry Ostrager, a New York lawyer who represents Alinghi's backing yacht club, Societe Nautique de Geneve (SNG), said briefs are due by the end of next week and oral arguments will be held before November 26.

In a convoluted case between bickering billionaires that seemingly won't end, Alinghi is basing its appeal on an order by a now-retired judge that the Swiss could sail the match in Valencia, Spain, or "any other location selected by SNG".

Last week, Justice Shirley Kornreich of the New York State Supreme Court ruled that Ras al-Khaimah wasn't eligible to host the America's Cup because the Deed of Gift says it can't be held in the northern hemisphere from November 1 to May 1.

Although Valencia is in the northern hemisphere, neither side objected earlier in the court fight to holding the races in the Spanish port. Valencia hosted the 2007 America's Cup.

"The word 'any' means 'any,"' Ostrager said.

SNG failed in its attempt to get a stay of Kornreich's order, which BMW Oracle Racing considered a victory. BMW Oracle Racing is owned by software tycoon Larry Ellison of Oracle Corp. and backed by San Francisco's Golden Gate Yacht Club. Alinghi is owned by biotech mogul Ernesto Bertarelli.

While BMW Oracle Racing opposed the choice of Ras al-Khaimah based on the Deed of Gift, it also cited safety concerns due to the port's proximity to Iran.

"For two years Alinghi has attempted to turn the America's Cup into the Alinghi Cup," GGYC spokesman Tom Ehman said in a statement.

"For the ninth time, the court has said 'No.' GGYC remains more determined than ever in its efforts to return the America's Cup to an equitable competition with normal rules and procedures."