N.Y. Uniform Commercial Code Law § 2-502: Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency

Section 2--502. Buyer's Right to Goods on Seller's Repudiation, Failure

to Deliver, or Insolvency.

(1) Subject to subsections (2) and (3) and even though the goods have

not been shipped a buyer who has paid a part or all of the price of

goods in which he has a special property under the provisions of the

immediately preceding section may on making and keeping good a tender of

any unpaid portion of their price recover them from the seller if:

(a) in the case of goods bought for personal, family, or

household purposes, the seller repudiates or fails to deliver

as required by the contract; or

(b) in all cases, the seller becomes insolvent within ten days

after receipt of the first installment on their price.

(2) The buyer's right to recover the goods under paragraph (a) of

subsection (1) vests upon acquisition of a special property, even if the

seller had not then repudiated or failed to deliver.

(3) If the identification creating his special property has been made

by the buyer he acquires the right to recover the goods only if they

conform to the contract for sale.