A Supreme Court Justice "shall not decide or take part in the decision of a question, which was argued orally in the court, when he was not present and sitting therein as a judge." However, the fact that summary judgment was granted by the Justice who did not not hear oral argument does not require vacatur of the order where the motion was decided on the basis of a purely legal question.
Marti v. Rana, NY Slip Op 05011 (1st Dep't June 20, 2019)
Here is the decision.
