N.Y. U.C.C. 2-510

Section 2--510. Effect of Breach on Risk of Loss.\n (1) Where a tender or delivery of goods so fails to conform to the\ncontract as to give a right of rejection the risk of their loss remains\non the seller until cure or acceptance.\n (2) Where the buyer rightfully revokes acceptance he may to the extent\nof any deficiency in his effective insurance coverage treat the risk of\nloss as having rested on the seller from the beginning.\n (3) Where the buyer as to conforming goods already identified to the\ncontract for sale repudiates or is otherwise in breach before risk of\ntheir loss has passed to him, the seller may to the extent of any\ndeficiency in his effective insurance coverage treat the risk of loss as\nresting on the buyer for a commercially reasonable time.\n