Frequently Asked Questions

Q. What is this class action lawsuit about?

A. The class action arises out of an outbreak of illness related to a microscopic waterborne parasite called cryptosporidia in June, July, and August, 2005. The plaintiffs allege that the outbreak occurred because the water used at the Seneca Lake Spray Park in Geneva, New York in that same time frame was contaminated with cryptosporidia. The plaintiffs also allege that the State of New York was negligent in allowing the water to become contaminated, and therefore is legally responsible for the illnesses. The State of New York disputes these allegations.


Q. Who represents me in this case?

A. The court has appointed the firms of Marler Clark, Underberg & Kessler, and Dreyer Boyajian to represent the class members. The attorneys can be reached at the following addresses and phone numbers:

Marler Clark, LLP, PS
701 5th Avenue, Suite 6600
Seattle, WA 98104
(206) 346-1888

Underberg & Kessler, LLP,
300 Bausch & Lomb Place,
Rochester, NY 14604,
(585) 258-2800

Dreyer Boyajian, LLP,
75 Columbia Street,
Albany, NY 12210,
(518) 463-7784


Q. How do I become a class member?

A. To become a class member, you must print out and fill out this FORM. The form should then be mailed to the Claims Administrator:

P.O. BOX 455

Applications for membership in the class must be received by March 31, 2008.

Final decisions on class membership, the liability of the defendant, if any, and the amount of damages awarded, if any, will be made by the Court at a later date.


Q. What is the deadline to join the class?

A. Applications for membership in the class must be received by March 31, 2008.


Q. What if I’m already a class member?

A. If you have already submitted your claim and are part of the class then you need take no action at this time.


Q. How will I know if I am entitled to any compensation?

A. If the court determines that compensation is due class members, then you will receive a direct mailing which discusses that subject. Please check this site for future updates to the status of the class action.