City of Providence v. S & J 351, INC.

I respectfully dissent because the motion justice who dismissed the District Court appeal filed by the petitioners, S & J 351, Inc., and Prinz Eugen, Ltd. (collectively, the lessee), failed to consider the effect of the parties’ course of performance during the lease term on the rental due-date provisions of the written lease. This omission could materially affect any decision on whether the lessee’s rent payments were timely during the District Court appeal.3 Therefore, I would grant the lessee’s petition for certiorari and remand this case to the Superior Court for an evidentiary hearing to…