N.Y. U.C.C. 2-708

Section 2--708. Seller's Damages for Non-acceptance or Repudiation.\n (1) Subject to subsection (2) and to the provisions of this Article\nwith respect to proof of market price (Section 2--723), the measure of\ndamages for non-acceptance or repudiation by the buyer is the difference\nbetween the market price at the time and place for tender and the unpaid\ncontract price together with any incidental damages provided in this\nArticle (Section 2--710), but less expenses saved in consequence of the\nbuyer's breach.\n (2) If the measure of damages provided in subsection (1) is inadequate\nto put the seller in as good a position as performance would have done\nthen the measure of damages is the profit (including reasonable\noverhead) which the seller would have made from full performance by the\nbuyer, together with any incidental damages provided in this Article\n(Section 2--710), due allowance for costs reasonably incurred and due\ncredit for payments or proceeds of resale.\n