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MORRISON v. NEW YORK CITY POLICE DEP'T

225 A.D.2d 463 (1996)

639 N.Y.S.2d 372

Catherine A. Morrison, Also Known as Catherine Norris, Respondent, v. New York City Police Department et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 26, 1996

As we noted in Svaigsen v City of New York (203 A.D.2d 32, 33), "[w]hen a State court entertains a Federally created cause of action, the `"federal right cannot be defeated by the forms of local practice"' * * * [t]his [being] especially true of section 1983, which was enacted particularly to vindicate Federal rights `against deprivation by state action'". Thus, we held it appropriate to follow Federal law when assessing the discoverability...

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