N.Y. Uniform Commercial Code Law § 2-610: Anticipatory Repudiation

Section 2--610. Anticipatory Repudiation.

When either party repudiates the contract with respect to a

performance not yet due the loss of which will substantially impair the

value of the contract to the other, the aggrieved party may

(a) for a commercially reasonable time await performance by the

repudiating party; or

(b) resort to any remedy for breach (Section 2--703 or Section

2--711), even though he has notified the repudiating party that he would

await the latter's performance and has urged retraction; and

(c) in either case suspend his own performance or proceed in

accordance with the provisions of this Article on the seller's right to

identify goods to the contract notwithstanding breach or to salvage

unfinished goods (Section 2--704).