N.Y. Uniform Commercial Code Law § 2-722: Who Can Sue Third Parties for Injury to Goods

Section 2--722. Who Can Sue Third Parties for Injury to Goods.

Where a third party so deals with goods which have been identified to

a contract for sale as to cause actionable injury to a party to that

contract

(a) a right of action against the third party is in either party to

the contract for sale who has title to or a security interest or a

special property or an insurable interest in the goods; and if the goods

have been destroyed or converted a right of action is also in the party

who either bore the risk of loss under the contract for sale or has

since the injury assumed that risk as against the other;

(b) if at the time of the injury the party plaintiff did not bear the

risk of loss as against the other party to the contract for sale and

there is no arrangement between them for disposition of the recovery,

his suit or settlement is, subject to his own interest, as a fiduciary

for the other party to the contract;

(c) either party may with the consent of the other sue for the benefit

of whom it may concern.