N.Y. Uniform Commercial Code Law § 2-612: "Installment Contract"; Breach

Section 2--612. "Installment Contract"; Breach.

(1) An "installment contract" is one which requires or authorizes the

delivery of goods in separate lots to be separately accepted, even

though the contract contains a clause "each delivery is a separate

contract" or its equivalent.

(2) The buyer may reject any installment which is non-conforming if

the non-conformity substantially impairs the value of that installment

and cannot be cured or if the non-conformity is a defect in the required

documents; but if the non-conformity does not fall within subsection (3)

and the seller gives adequate assurance of its cure the buyer must

accept that installment.

(3) Whenever non-conformity or default with respect to one or more

installments substantially impairs the value of the whole contract there

is a breach of the whole. But the aggrieved party reinstates the

contract if he accepts a non-conforming installment without seasonably

notifying of cancellation or if he brings an action with respect only to

past installments or demands performance as to future installments.