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 lease expressly provides that the defendant shall have thirty days to make payment after the plaintiff provides proper operating expense documentation. Lease, Paragraph 6.1, supra. Although Simmons stated that billing documentation was previously provided to the defendant, this Court finds the defendant's argument concerning the lack of documentation for the water, sewer, and common area maintenance snow shoveling charges credible. Deposition of Simmons at 21 and 22. By operation of the defendant's February 4, 1997 correspondence with plaintiff concerning operating expense documentation for the sewer and water charges, and the February 10, 1997 correspondence concerning the common area maintenance charge for snow shoveling, these charges were not due until March 6, 1997 and March 12, 1997, respectively.

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