Entertainment TV Kevin Spacey Granted Partial Dismissal in Court Tied to Anthony Rapp Assault Allegations: Report A judge threw out the claim of intentional infliction of emotional distress in Kevin Spacey's legal battle against Anthony Rapp, stating that it repeats allegations already made in his battery claims By Nicholas Rice Nicholas Rice Instagram Twitter Nicholas Rice is an Associate Editor for PEOPLE Magazine. He began working with the brand as an Editorial Intern in early 2020, before later transitioning to a freelance role, and then staff positions soon after. Nicholas writes and edits anywhere between 7 to 9 stories per day on average for PEOPLE, spanning across each vertical the brand covers. Nicholas has previous work experience with Billboard, POPSUGAR, Bustle and Elite Daily. When not working, Nicholas can be found playing with his 5 dogs, listening to pop music or eating mozzarella sticks. People Editorial Guidelines Published on October 17, 2022 01:12 PM Share Tweet Pin Email Anthony Rapp (left) and Kevin Spacey . Photo: Dia Dipasupil/Getty; Jason Merritt/Getty Kevin Spacey's legal team can claim a small victory in the actor's ongoing court battle with Anthony Rapp when U.S. District Judge Lewis A. Kaplan dismissed one of Rapp's claims early this week. Rapp, 50, alleges the former House of Cards star, 63, made a sexual advance on him in his apartment when he was 14 years old in the 1980s. On Monday, Kaplan got rid of the claim of intentional infliction of emotional distress after Rapp's lawyers finished their presentation of evidence, the Associated Press reported. A lawyer for Spacey — who has has denied the allegation, as well as other sexual misconduct claims — argued for dismissal of the case, stating that Rapp's legal team had failed to prove his allegations. Judge Kaplan ultimately decided that parts of the claim echo Rapp's accusations that he was a victim of assault and battery and as such could not go forward, according to the Associated Press. The outlet also noted that Kaplan said the trial against Spacey, who is expected to testify on Monday, can proceed with assault and battery claims made by Rapp. A legal representative for Rapp did not immediately respond to PEOPLE's request for comment. Kevin Spacey Reports to NYC Court to Battle Anthony Rapp's Sexual Misconduct Claims in Civil Lawsuit Kevin Spacey. Ernesto Ruscio/Getty Images The latest development in the case against Spacey comes about after Rapp took the stand and was questioned by Spacey's lawyer last week as the actor's sexual misconduct trial got underway. According to the AP, Spacey's attorney Jennifer Keller questioned Rapp's account of his first meeting with Spacey in 1986 — which differed from the deposition of a friend who was present at the time — during cross-examination at the civil trial in Manhattan. Anthony Rapp Takes the Stand in Trial Against Kevin Spacey as Lawyer Questions Their First Encounter Rapp recalled under oath how Spacey allegedly asked him and his older friend to join him at a nightclub after the trio met backstage at Spacey's Broadway show when Rapp was 14. He testified that they left the nightclub and returned home without incident, per the AP. Days after their first meeting, Rapp testified that he went to Spacey's home for a party. He said that once the pair was alone, Spacey allegedly "forced himself" on him "by pinning him down on a bed," according to the outlet. Kevin Spacey arrived at NY court. ANGELA WEISS/AFP via Getty Images But the unidentified friend — who was also a teen at the time — reportedly claimed in a deposition that they went to Spacey's home the first night they met, where the Oscar winner attempted to entice Rapp into a sexual encounter. According to the AP, Keller asked Rapp in court: "Considering the friend's deposition, 'You knew you had a problem with your story, correct?'" Rapp responded, "I don't dispute his story. I just don't remember it." Rapp also testified, per the AP, that he told a classmate about his sexual encounter with Spacey, alleging that he was watching television in a bedroom when Spacey "came in drunk, picked me up as a groom does a bride, and he climbed on top of me trying to get with me sexually and I managed to squirm away." During the cross-examination, the Rent actor clarified that Spacey never attempted to touch his genitals, remove his clothing or make any references to sex. He also denied having any sort of crush or obsession with Spacey. RELATED VIDEO: Kevin Spacey Pleads 'Not Guilty' to Sexual Assault Charges in London Court Rapp first accused Spacey of sexual misconduct in an October 2017 BuzzFeed report, which was published 31 years after the alleged incident. The Broadway actor is seeking $40 million in compensatory and punitive damages for battery and intentional infliction of emotional distress, according to Reuters. Jury selection began earlier this month. Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from juicy celebrity news to compelling human interest stories. In the wake of the Rapp allegations, Spacey became subject to several other sexual misconduct cases, including a 2018 lawsuit involving the alleged rape of a young man. In May, Spacey was charged with sexually assaulting three men in the U.K. He pleaded not guilty to the charges in July. He also pleaded not guilty to one charge of making a person engage in penetrative sexual activity without consent. While Spacey's court date is underway in New York, his U.K. trial is set to begin some time next year. If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.