Order, entered September 27, 1960, as resettled by order, entered November 4, 1960, insofar as appealed from, unanimously reversed on the law and on the facts, with $20 costs and disbursements to plaintiffs-appellants, and motion by defendants-respondents to strike paragraphs 11, 12, 14, 27 and 41 as sham is denied, with $10 costs.
As a general rule, a plaintiff may "determine in his own mind the legal effect of the written contract or other document upon which his...
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