DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 13

Citation
§ 13
Parent Document
Ryan v. Mary Ann Morse Healthcare Corp. (2026)
Jurisdiction
Massachusetts (state)
Effective Date
2026-03-13
Original Source
https://www.courtlistener.com/opinion/10808368/ryan-v-mary-ann-morse-healthcare-corp/ ↗

Other Sections in This Document (369)

Full Text

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11The defendant characterizes the evidence regarding
Heritage's use of its operating account as demonstrating that
Heritage never "establish[ed]" a separate "replacement reserve"
fund "for building improvements" pursuant to the fourth category
of the residency agreement. There is evidence in the record of
a "routine capital reserve" line item in Heritage's capital
budgets, however. Because we draw reasonable inferences in
favor of the plaintiffs when considering the defendant's motion
for summary judgment, we infer that Heritage did in fact use its
general operating account in part as a "reserve" for capital
expenditures.
                                                                   24 account, and providing tenants with an itemized list of any