Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)

Citation: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Parent Document: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Jurisdiction: Rhode Island (state)
Effective Date: 1998-03-30
Original Source: https://www.courtlistener.com/opinion/4113657/apple-valley-mall-v-floyd-realt... ↗

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However, Kimberly A. Simmons, (Simmons), Controller, Pillar Property Management, LLC, (Pillar), managing agent for the plaintiff, stated that she did not recall receiving the March 26, 1996 letter from CK Associates and that she was not aware of the notice and mailing requirements under the lease. Deposition ofSimmons, at 12-14. Moreover, Simmons stated that she usually mailed all billing statements to Maureen Conner, (Conner), The Stop Shop Supermarket Co., 1385 Hancock Street, 4th Floor, Quincy, Massachusetts. Id. However, Simmons stated that she would make correspondence with a different individual if prior communication was received from that individual regarding a particular matter. Id. On October 15, 1996 and November 5, 1996 Attorney Scott J. Summer, (Attorney Summer), attorney for Pillar, mailed a notice of nonpayment to Floyd Realty Co., Inc., c/o The Stop Shop Supermarket Company, 1385 Hancock Street, Quincy Massachusetts, because the defendant was not forwarding rental installment payments to the plaintiff but rather to the previous lessor. The evidence does not indicate that the defendant objected to plaintiff's mailing of billing statements and notices of nonpayment to a different attention than that stated in the March 26, 1996 letter.

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