ABRAMS, J.
A Superior Court judge ruled in favor of the defendants' motions for summary judgment on the basis that the plaintiff's claim was barred by § 10 (h) of the Massachusetts Tort Claims Act, G. L. c. 258. The parties concede that G. L. c. 258, § 10 (h), was an inappropriate basis for the allowance of summary judgment. The defendants contend that, although G. L. c. 258 is inapplicable, the allowance of their motions for summary judgment...
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