N.Y. Uniform Commercial Code Law § 2-723: Proof of Market Price: Time and Place

Section 2--723. Proof of Market Price: Time and Place.

(1) If an action based on anticipatory repudiation comes to trial

before the time for performance with respect to some or all of the

goods, any damages based on market price (Section 2--708 or Section

2--713) shall be determined according to the price of such goods

prevailing at the time when the aggrieved party learned of the

repudiation.

(2) If evidence of a price prevailing at the times or places described

in this Article is not readily available the price prevailing within any

reasonable time before or after the time described or at any other place

which in commercial judgment or under usage of trade would serve as a

reasonable substitute for the one described may be used, making any

proper allowance for the cost of transporting the goods to or from such

other place.

(3) Evidence of a relevant price prevailing at a time or place other

than the one described in this Article offered by one party is not

admissible unless and until he has given the other party such notice as

the court finds sufficient to prevent unfair surprise.