All Seasons Services, Inc. v. Commissioner of Health & Hospitals

The plaintiff, All Seasons Services, Inc. (All Seasons), appeals from the allowance of the defendant’s motion for summary judgment and from the denial of its own motion to amend the complaint. We transferred the case to this court on our own motion. For purposes of review, we consider the evidence in a light favorable to the plaintiff. Conley v. Massachusetts Bay Transp. Auth., 405 Mass. 168, 173 (1989). The relevant facts follow.

In the fall of 1990, Boston City Hospital (hospital), a charitable organization operated by the board of health and hospitals (board) of the city of Boston (city),…