BY ORDER OF

THE SUPREME COURT OF THE STATE OF NEW YORK,

COUNTY OF ERIE

IF YOU RESIDE OR OWN A RESIDENCE IN CERTAIN AREAS OF THE TOWN OF TONAWANDA, THE CITY OF TONAWANDA, AND THE VILLAGE OF KENMORE, DESCRIBED IN THE NEW YORK DEPARTMENT OF ENVIRNMENTAL CONSERVATION'S 2009 TONAWANDA AIR QUALITY STUDY

YOU MAY BE ENTITLED TO:

(1) THE PAYMENT OF DAMAGES BASED UPON THE DECREASE IN THE VALUE OF YOUR PROPERTY (IF YOU OWNED RESIDENTIAL PROPERTY WITHIN THE STUDY AREA AS OF OCTOBER 31, 2009); AND/OR

(2) THE PAYMENT OF DAMAGES BASED UPON YOUR DECREASED QUALITY OF LIFE (IF YOU RESIDED WITHIN THE STUDY AREA AT ANY TIME ON OR AFTER OCTOBER 2009 TO JANUARY 2015)

The Supreme Court of the State of New York, County of Erie, has ordered this notice. This is not an advertisement from an attorney.

The New York Department of Envirnmental Conservation

2009 Tonawanda Air Quality Study

  • The Court has certified in this class action litigation a class consisting of all residential property owners in the area described in the Tonawanda Community Air Quality Study of October 2009 who were owners as of October 31, 2009 for purposes of claims for diminution of property value.

 

  • The Court has also certified in this class action litigation a class of all persons who may have suffered a loss of quality of life including all persons who resided within the study area at any time from October 2009 to January 2015.

 

  • This class action litigation is NOT seeking damages for physical injury or illness that may have been caused by exposure to pollution from the Tonawanda Coke Corporation or any other source.

 

  • Eventually, this matter may proceed to trial on the certified claims.

 

  • If you want to be excluded from the class, you may opt out by submitting a written request to be excluded, that contains your name, address and signature, to the Class Action Notice Administrator – 267 North St., Buffalo, NY 14201. The exclusion request must be postmarked on or before August 8, 2017.

 

  • The Court has designated the law firms of COLLINS & COLLINS, LLC, the LOCKS LAW FIRM, HOBBIE, CORRIGAN & BERTUCIO, P.C, and GORDON & GORDON, P.C., as Class Counsel.

 

  • Please call this number (716-245-5996) with any questions for class counsel regarding this notice or the pending class action lawsuit.

 

  • If you so desire, you are free to enter an appearance in this matter through your own attorney.

 

  • If an individual lawsuit has been filed on your behalf, you are not part of this class action.

 

  • If you are already being represented by David N. Bigelow, Esq. of Girardi Keese, Richard J. Lippes, Esq. of Richard Lippes & Associates, Joseph D. Gonzalez, Esq., Edward L. Smith, Esq. of Dolce Panepinto, or Theresa Walsh, Esq. of Brown Chiari, LLP, for your claims against Tonawanda Coke Corporation, The Estate of J.D. Crane, and Mark Kamholz for personal injury, property damage, and/or loss of quality of life, you will continue to be represented by your attorney for those claims.

 

  • All class members who do not request to opt out or who do not enter an appearance through counsel of their own choosing will be represented by plaintiffs through the court-designated counsel.

 

  • Your legal rights and options regarding this lawsuit are affected based upon whether you act or do not act. If you do not exclude yourself from this lawsuit by submitting a written request to be excluded, and the Court determines that you are a member of the class as defined above, any judgment entered in this lawsuit, whether or not it is favorable to the class, shall, to the extent practicable under the circumstances, consistent with due process of law, be binding upon you.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

If you wish to participate in the class action law suit, no action is required at this time.

If you wish to exclude yourself from this class action law suit, you must send a written request to be excluded, that contains your name, address and signature, to the Class Action Notice Administrator – 267 North St., Buffalo, NY 14201. The exclusion request must be postmarked on or before August 8, 2017. If you choose to exclude yourself from this law suit, you cannot receive any payment from any verdict or settlement reached in this law suit, but you can choose to attempt to file a separate law suit against the Defendants involving the claims being raised in this case. If you choose to exclude yourself, you should speak to an attorney of your choice as soon as possible in order to be apprised of your legal rights.