N.Y. U.C.C. 2-613

Section 2--613. Casualty to Identified Goods.\n Where the contract requires for its performance goods identified when\nthe contract is made, and the goods suffer casualty without fault of\neither party before the risk of loss passes to the buyer, or in a proper\ncase under a "no arrival, no sale" term (Section 2--324) then\n (a) if the loss is total the contract is avoided; and\n (b) if the loss is partial or the goods have so deteriorated as no\nlonger to conform to the contract the buyer may nevertheless demand\ninspection and at his option either treat the contract as avoided or\naccept the goods with due allowance from the contract price for the\ndeterioration or the deficiency in quantity but without further right\nagainst the seller.\n