1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 192 A.D.3d
  5. 192 A.D.3d 436 (2021)
 

PROSPECT CAPITAL CORP. v. LATHEN

Index No. 156375/14. Appeal No. 13255. Case No. 2020-01415.

192 A.D.3d 436 (2021)

144 N.Y.S.3d 14

2021 NY Slip Op 01341

Prospect Capital Corporation, Respondent, v. Donald Lathen, Jr., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 4, 2021.

Attorney(s) appearing for the Case

The Galbraith Law Firm, New York ( Kevin D. Galbraith of counsel), for appellants.

Adam M. Burton , New York, for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

Plaintiff Prospect Capital Corporation is a publicly traded closed-end investment company. Defendant Donald Lathen, Jr. (Lathen) is the founder and controlling person of defendants Eden Arc Capital Management LLC (EACM) and Eden Arc Capital Partners LP (EACP); defendant David Jungbauer (Jungbauer) is Lathen's stepfather.

Plaintiff alleges in its complaint that Lathen, through EACM and EACP, created the "EndCare Scheme" in March 2009, which profited from the deaths...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases