Rappaport v. Rappaport

Motion to dismiss the complaint as legally insufficient is granted. The complaint purportedly alleges a cause of action for “ malicious abuse of process ” based upon defendants’ repeated assertion of defenses in eight actions commenced by plaintiff to recover sums found due plaintiff under a separation agreement between her and defendant Rappaport. Defendant Smith, defendant Rappaport’s attorney, is joined on the ground that he advised and represented his codefendant in those eight actions, all of which were decided in plaintiff’s favor on motions for summary judgment.

Plaintiff recognizes,…