N.Y. Uniform Commercial Code Law § 2-614: Substituted Performance

Section 2--614. Substituted Performance.

(1) Where without fault of either party the agreed berthing, loading,

or unloading facilities fail or an agreed type of carrier becomes

unavailable or the agreed manner of delivery otherwise becomes

commercially impracticable but a commercially reasonable substitute is

available, such substitute performance must be tendered and accepted.

(2) If the agreed means or manner of payment fails because of domestic

or foreign governmental regulation, the seller may withhold or stop

delivery unless the buyer provides a means or manner of payment which is

commercially a substantial equivalent. If delivery has already been

taken, payment by the means or in the manner provided by the regulation

discharges the buyer's obligation unless the regulation is

discriminatory, oppressive or predatory.