N.Y. Uniform Commercial Code Law § 2-708: Seller's Damages for Non-acceptance or Repudiation

Section 2--708. Seller's Damages for Non-acceptance or Repudiation.

(1) Subject to subsection (2) and to the provisions of this Article

with respect to proof of market price (Section 2--723), the measure of

damages for non-acceptance or repudiation by the buyer is the difference

between the market price at the time and place for tender and the unpaid

contract price together with any incidental damages provided in this

Article (Section 2--710), but less expenses saved in consequence of the

buyer's breach.

(2) If the measure of damages provided in subsection (1) is inadequate

to put the seller in as good a position as performance would have done

then the measure of damages is the profit (including reasonable

overhead) which the seller would have made from full performance by the

buyer, together with any incidental damages provided in this Article

(Section 2--710), due allowance for costs reasonably incurred and due

credit for payments or proceeds of resale.