Ordered that the judgment is reversed, on the law, with costs, the order dated October 31, 2003 is vacated, the motion of the defendant Fred Lane to suppress the deposition of the plaintiff's decedent is denied, the matter is remitted to the Supreme Court, Kings County, for further proceedings, including a new determination of the motion of the defendant Fred Lane for summary judgment, and the order entered January 12, 2001 is modified accordingly.
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