Justice Louis York
Mohammed sued for discrimination and termination alleging violations of the city and state Human Rights Laws. He moved for a default judgment against Wodzenski, who cross-moved for dismissal. Mohammed alleged Wodzenski fired him, noting prior to the termination, he denied also Mohammed’s request for a promotion, hiring someone with less qualifications. Wodzenski claimed he had no recollection of being served. The court noted Mohammed waited more than two years before attempting to enter a default judgment against Wodzenski. Mohammed noted the corporate defendants filed for Chapter 11 protection, believing the automatic stay applied also to Wodzenski. He conceded it was a mistake to wait for the conclusion of the bankruptcy action before seeking to enter the default, but claimed same was an honest and reasonable mistake, not an intent to abandon the action. The court found there was no intent to abandon the action, noting Mohammed’s mistake in interpreting the effect of the stay was reasonable. Yet, while the complaint showed Mohammed pleaded valid causes of action, the delay caused Wodzenski prejudice. As such, the court denied Mohammed’s motion for a default judgment, but did not dismiss the action, extending Wodzenski’s time to answer.
