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 5, 1997 Walter F. Arndt, (Arndt), Senior Tax Accountant, The Stop Shop Companies, Inc., PO Box 369, Boston, Massachusetts, mailed a letter to Simmons referencing the January 28, 1997 notice of nonpayment and enclosed a check in the amount of $18,254.79, representing payment for outstanding real estate tax charges including $513.29 for disputed interest charges.Joint Exhibit E. Moreover, the letter stated that John Hernon of Stop Shop will separately handle the non-real estate tax charges. Id. On February 6, 1997 and February 7, 1997 the defendant issued two separate checks to plaintiff in the amount of $3,452.66 each. The plaintiff states that these checks were not received until some time after February 14, 1997 although there was no system in place to record when checks were received.Deposition of Simmons at 48-49. On February 6, 1997 and February 11, 1997, the plaintiff issued to defendant notices of nonwaiver certification. Joint Exhibits F and G. The plaintiff states that these nonwaiver notices are issued in the normal course of business whenever a tenant in nonpayment issues a check and it is received by plaintiff. Deposition of Simmons at 91-92. Therefore, as of February 11, 1997 the defendant had made payment as follows: the $19,965.00 prior to February 1997; and $18,254.79 for real estate taxes, $3,452.66, and $3,452.66; totaling $35,325.11.

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