SENIOR HOUSING PROPERTIES TRUST v. HEALTHSOUTH CORPORATION


447 Mass. 259 (2006)

SENIOR HOUSING PROPERTIES TRUST & another v. HEALTHSOUTH CORPORATION (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

July 17, 2006.


Attorney(s) appearing for the Case

Paul B. Galvani (Jane E. Willis with him) for Senior Housing Properties Trust & another.

Philip Y. Brown (Brian R. Birke with him) for HRPT Properties Trust.

Gary R. Greenberg (Jonathan D. Cohen with him) for Greenery Securities Corporation & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.


MARSHALL, C.J.

This appeal arises from consolidated cases pending in the Land Court among various trusts and corporate entities and their subsidiaries concerning the sale and lease back arrangements of five nursing homes and two rehabilitation hospitals located in the Commonwealth. At issue is whether a judge in the Land Court may invoke the provisions of Mass. R. Civ. P. 39 (b), 365 Mass. 801 (1974), to revive a right to...

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