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City's stated needs and specifications, and under the ultimate direction and approval of
the City. Mr. Hauer and other City officials testified that they attended meetings where
they communicated the City's needs as they evaluated plans and proposals of the
architects and engineers. Although these representatives of the City may not have had
personal knowledge of how many gallons of fuel a system would need to generate power
for a given period of time, they relied in good faith on the calculations of experts. The
City's concern was that "it [the generator] worked, it was safe, it was compliant, and it
followed all the codes." (Hauer Dep. at 77, 2-3.)
Although there may be some dispute in the record as to the details of how
the OEM and generator system were designed and built in their particulars, the
undisputed facts are clear: the Mayor decided that the City needed an OEM and
command center to facilitate civil defense functions, and City officials, pursuant to that
decision, engaged in a series of good faith negotiations and contracts with property
holders, architects, engineers and outside consultants to design an effective and self-
sufficient command center. Further, there is no allegation that the City acted in bad faith
in carrying out its activities related to civil defense.
Accordingly, for the reasons stated, I hold that the City acted pursuant to
the New York Defense Emergency Act, N.Y. Unconsol. Law § 9101, et seq., and is
therefore entitled to the protections of that Act, including, under section 9193, immunity
from suit. The Motion by the City is granted, and the Complaint against the City is
dismissed.
