N.Y. Uniform Commercial Code Law § 2-a-404: Substituted Performance

Section 2-A-404. Substituted Performance.

(1) If without fault of the lessee, the lessor and the supplier, the

agreed berthing, loading, or unloading facilities fail or the agreed

type of carrier becomes unavailable or the agreed manner of delivery

otherwise becomes commercially impracticable, but a commercially

reasonable substitute is available, the substitute performance must be

tendered and accepted.

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

or foreign governmental regulation:

(a) the lessor may withhold or stop delivery or cause the

supplier to withhold or stop delivery unless the lessee

provides a means or manner of payment that is commercially a

substantial equivalent; and

(b) if delivery has already been taken, payment by the means or

in the manner provided by the regulation discharges the

lessee's obligation unless the regulation is discriminatory,

oppressive, or predatory.