My question involves a consumer law issue in the State of: New York
We had an asphalt driveway installed in Aug. 2015. It was immediately apparent that it was improperly graded at the top by our garage/front porch. We contacted the paving Co. and they agreed. The repair involves digging up a portion of the driveway and re-paving with correct grading so water does not accumulate. Despite numerous phone calls and emails, they have not, after 2 years, repaired our driveway. I want to hire another company to do this repair and sue the original company for the cost in NYS Small Claims Court. Can anyone tell me if this is an acceptable action for this court?