O'Melveny's 2018-2019 Pro Bono Review

O’MELVENY PRO BONO PROGRAM REVIEW 2018- 2019 28 trade or business had occurred in Ms. Resto’s apartment on a continuous or habitual basis, and that she knew or should have known about the illegal activity. Ms. Resto demanded to know the details of the accusations against her. In response, NYCHA refused to disclose any facts beyond those in its petition—that drugs and paraphernalia were recovered in Ms. Resto’s apartment on just one occasion. Ms. Resto moved to compel an adequate response to her demand, which the trial court summarily denied. On appeal, O’Melveny argued that the civil court had erred in denying Ms. Resto’s motion. O’Melveny explained that she must be provided with information so that she could fully prepare for trial. The First Department, Appellate Term ruled in Ms. Resto’s favor, ordering NYCHA to “furnish a further bill of particulars” with information concerning the scope of alleged illegal activities to be proved at trial. The Bronx Defenders, which had referred the case to O’Melveny, stated that “this decision is hugely helpful for all our clients who receive similarly vague notices of termination.” Though the issues and areas of greatest need have shifted with the times, our sense of responsibility to contribute meaningfully to the communities in which we practice law has never wavered.