Ottaviano v. New York Surety Co.

—In an action to recover on a surety bond, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Burke, J.), entered June 24, 1997, which denied their motion for leave to file the summons and complaint and proof of service nunc pro tunc and granted the defendant’s cross motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the plaintiffs’ motion is granted, and the cross motion is denied; and it is further,

Ordered that the plaintiffs’ time to file the summons and complaint with proof of service is extended until 30 days after service…