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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The defendant argues that the errors contained in the January 1, 1997 billing statement and the January 21, 1997 clarification letter and the lack of proper documentation extended the time for payment of the real estate taxes, sewer assessment and usage, water usage, and common area maintenance charges to thirty days after the defendant received proper documentation. The defendant further argues that the plaintiff erroneously applied payments for rent and operating expenses to charges not yet due under the notice of termination and that all balances due and payable under the notice of termination were paid within the ten day cure period. Alternatively, the plaintiff argues that the defendant willfully failed to make full rent payment in a timely manner and that this failure resulted in a material breach of the lease. The plaintiffs memorandum makes no argument concerning the billing statement errors, the defendant's requests for documentation, the extension for payment of operating expenses, and the calculation of interest charges on overdue amounts.

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