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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Although this Court's holding renders the parties' remaining arguments moot, the Court will briefly address each. The defendant argues that the notice of nonpayment and the notice of termination were ineffective because they were mailed to the wrong address as provided under the lease terms. The defendant relies on the March 26, 1996 letter mailed to CK Associates and argues that the plaintiff failed to comply with the express service provisions of Paragraph 28.1 of the lease. Furthermore, the defendant argues that it was prejudiced because the proper individuals who had authority to cure the default did not receive these notices in a timely manner due to delays from internal mail routing. The plaintiff argues that it provided proper written notice of the default as provided in Paragraph 24.1 of the lease, the defendant failed to cure the default within the required 10 days, and it properly issued a notice of termination pursuant to Paragraph 24.2 of the lease which expressly authorized the plaintiff to terminate the lease in the event of a default. However, the plaintiff makes no argument with respect to the service provisions of Paragraph 28.1 or to the March 26, 1996 letter upon which the defendant relies.

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