ELRAC, LLC v. Healthy Way Acupuncture, P.C.

In an action for a judgment

declaring that the defendant has no right to receive payment for certain no-fault claims submitted to the plaintiff, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Greco, Jr., J.), dated October 21, 2013, which, upon an order of the same court dated August 27, 2013, and upon its failure to produce a witness for deposition or disclose certain documents on or before a date certain as directed by that order, struck its answer and declared that it had no right to receive payment for certain no-fault claims submitted to…