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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On February 4, 1997 John M. Hernon, (Hernon), Corporate Property Manager, The Stop Shop Supermarket Company, PO Box 1942, Boston, Massachusetts, mailed a letter to Simmons requesting operating expense documentation pursuant to Paragraph 6.1 of the lease, such as a copy of the site plan to determine the defendant's pro rata share of real estate taxes, a copy of the sewer assessment and usage, a copy of the water bills, and a common area maintenance charge of $131.94 for snow shoveling.Defendant's Exhibit CC. Moreover, Hernon stated that the "rental payment was erroneously shortpaid [sic] on 1/1/97 and . . . 2/1/97. A check in the amount of $3,786.00 is being processed to clear up the rental balances." Id. The defendant issued a check to plaintiff in the amount of $3,786.00 on February 20, 1997. The plaintiff states that this check was received on February 26, 1997 and that it was applied to the January 1997 and February 1997 rent installment underpayment because the check stub stated "January/February." Deposition of Simmons at 48.

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