N.Y. U.C.C. 2-614

Section 2--614. Substituted Performance.\n (1) Where without fault of either party the agreed berthing, loading,\nor unloading facilities fail or an agreed type of carrier becomes\nunavailable or the agreed manner of delivery otherwise becomes\ncommercially impracticable but a commercially reasonable substitute is\navailable, such substitute performance must be tendered and accepted.\n (2) If the agreed means or manner of payment fails because of domestic\nor foreign governmental regulation, the seller may withhold or stop\ndelivery unless the buyer provides a means or manner of payment which is\ncommercially a substantial equivalent. If delivery has already been\ntaken, payment by the means or in the manner provided by the regulation\ndischarges the buyer's obligation unless the regulation is\ndiscriminatory, oppressive or predatory.\n