N.Y. Uniform Commercial Code Law § 2-713: Buyer's Damages for Non-Delivery or Repudiation

Section 2--713. Buyer's Damages for Non-Delivery or Repudiation.

(1) Subject to the provisions of this Article with respect to proof of

market price (Section 2--723), the measure of damages for non-delivery

or repudiation by the seller is the difference between the market price

at the time when the buyer learned of the breach and the contract price

together with any incidental and consequential damages provided in this

Article (Section 2--715), but less expenses saved in consequence of the

seller's breach.

(2) Market price is to be determined as of the place for tender or, in

cases of rejection after arrival or revocation of acceptance, as of the

place of arrival.