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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Next, the defendant argues that the February 10, 1997 letter from plaintiff to defendant supports a finding that the plaintiff manifested an intent that the letter serve as a waiver of the alleged default under the lease. The letter states in relevant part that "[w]e look forward to receiving payment of the rental arrearage and other outstanding payments due. Once we have received all payments due, with interest to the date of payment, then Stop Shop's request for a refund or credit of such interest will be reviewed . . . ." The question of whether the plaintiff waived its rights to terminate is a question of intent that necessarily depends on the facts of the case. Cardi v.Ammoriggi Sea Foods, Inc., 468 A.2d 1233, 1234 (R.I. 1983), (citing Chertkof v. Southland Corp., 280 Md. 1, 6, 371 A.2d 124, 127 (1977)). The Court is not persuaded by the defendant's argument because the plaintiff mailed to defendant notice of nonwaiver certifications dated February 6, 1997 and February 11, 1997. Furthermore, the Court has determined that the ten day period in which to cure the default ended on February 13, 1997, not on February 10, 1997 as defendant argues for this part of its argument. Accordingly, this Court finds that the plaintiff did not waive its right to terminate the lease if defendant did not cure the default before the ten day cure period expired by making the above written statements to defendant subsequent to the notice of nonpayment.

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