Legal Opinion

Morrison v. New York City Police Department

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 1996Published

1Opinion of the Court

As we noted in Svaigsen v City of New York (203 AD2d 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 discover-ability of documents sought therein. We reach the same conclusion here since "[t]he rationale behind the liberalized discovery standards in title VII actions…

2Cases cited3 opinions

  1. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  2. Svaigsen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  3. O'Grady v. City of New YorkNew York Supreme Court · 1995

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