In Hussain v. Try 3 Building Services, Inc. (308 AD2d 371, 764 N.Y.S.2d 266 [1st Dept 2003]), the appellate court denied the defendant architect's motion for summary judgment because, despite the architect's claim that its contract with the property owner limited its duties to preparing and filing papers with DOB, the architect failed to submit such contract in support of its motion.