10
logistical reasons. Another design was proposed placing the lines within an elevator
shaft. DRES objected to that proposal on safety grounds. Ultimately, the fuel lines were
placed outside the elevator shaft and in an elevated position below the first floor of
7WTC.
B. Standard of Review for Summary Judgment
Summary judgment may granted only "if the pleadings, depositions,
answers to interrogatories, and admissions on file, together with the affidavits, if any,
show that there is no genuine issue as to any material fact and that the moving party is
entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The moving party bears
the initial burden of demonstrating the absence of any genuine issue of material fact.
Celotex Corp. v. Cartrett, 477 U.S. 317, 317 (1986). The court must view the evidence in
the light most favorable to the non-moving party, and must draw all reasonable inferences
in that party's favor. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574,
587 (1986). However, the non-moving party may not rely simply on "mere conjecture as
to the true nature of the facts to overcome a motion for summary judgment." Howard v.
Gleason Corp., 901 F.2d 1154, 1159 (2d Cir. 1986). Rule 56(e) provides that, when a
properly supported motion for summary judgment is made, the adverse party "must set
forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e);
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, (1986).
C. Application of The New York Defense Emergency Act
The New York State Legislature passed the New York Defense
Emergency Act (the "DEA") in 1951 to establish procedures for emergency preparedness
and civil defense. The statute establishes procedures and provisions for dealing with
