Plaintiff was injured in 1973 and the action commenced in November of that year in the Civil Court, Bronx County. On February 13, 1975, the Workmen's Compensation Board found a permanent percentage loss in the use of plaintiff's hand and issued a decision on February 19 confirming its finding. One week later, the instant motion was made. There was a rational basis for the delay in making the motion, and it was supported by a physician's affidavit. The defendant is not unfairly...
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