Hingis' appeal dismissed

New York's highest court declined to hear an appeal by Swiss tennis star Martina Hingis, who claimed an Italian sportswear maker's sneakers injured her feet.

The Court of Appeals' refusal to hear the case upholds a lower court's dismissal of Hingis' $40 million lawsuit against apparel maker Sergio Tacchini.

State Supreme Court Justice Sherry Klein Heitler tossed out Hingis' original lawsuit last September, saying New York was the wrong place to try the case because similar litigation between Hingis and the company is pending in Milan, Italy.

In 2001, Hingis sued Tacchini, with whom she had a five-year $5.6 million endorsement deal, saying her sneakers were defective.

Tacchini argued the claims were made so Hingis, 22, could avoid paying damages for breaching her contract with the company.