The City of New York removed a fire hydrant leaving a hole in the sidewalk in front of my apartment building (the building contains more than three (3) apartments). Someone was injured when they stepped into the open hole. Who should be sued for this defect, the property owner or the City of New York.

The City of New York is the proper defendant as The City of New York is legally responsible to care for that described defect.

The City of New York has the sole responsibility to maintain fire hydrants as well as the hydrant locations within the City of New York. If the City of New York removes a hydrant, they remain legally responsible to maintain the location of the hydrant as well as retaining the legal responsibility not to negligently remove the hydrant and thereby cause and create a dangerous condition to exist.

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