DALY, J.
The plaintiffs, Mary Cole and Morton E. Cole, brought this action against the named defendant and Angelo J. Giardini and Sydney R. Pomer. In the complaint it is alleged that Giardini is a large stockholder and president of the named defendant, hereinafter called the contractor, and that Pomer is treasurer and also a large stockholder. The contractor filed a plea in abatement in which it was alleged that "at the commencement of this action, there was and now...
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