Legal Question in Construction Law in New York

tchen for us. The Kitchen would cost us $16,000. The contract states that the Kitchen will be delivered and the Kitchen maker will guarantee that the kitchen will be aligned and fitted correctly. We are paying a 3rd party fitter to install the kitchen. We paid $7000 as a deposit on the kitchen as a retainer. We then Paid a further $8,000 to have the kitchen delivered on completion. We confirmed as a sub agreement that we would hold back $1000 and this would be paid upon final installation and alignment of Kitchen. Now when the Kitchen was delivered and installed the kitchen was not measured correctly and the Kitchen did not fit correctly there were many mistakes,Lot's of wood was warped and the Handles were not fitted correctly. WE had to rip out wood as it had blistered and was not finsished correctly. NOW we had already paid the 2nd half of the payment a futher $8000 totalling $15,000 paid to date. NOW the kitchen MAKER will not finish and correct the Kitchen until we confirm to pay the balance of $1000 before the kitchen is installed and aligned.. Leaving us with no security once again the Kitchen is substandard and not measured or up to standard. My question is can we Sue this maker for the full amount as the kitchen has yet to be delivered in a finished state and as he refuses to deliver the Kitchen and we pay him the balance as was all agreed in the 2nd sub agreement. let me know thanks Scott.

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