N.Y. U.C.C. 2-711

Section 2--711. Buyer's Remedies in General; Buyer's Security Interest\n in Rejected Goods.\n (1) Where the seller fails to make delivery or repudiates or the buyer\nrightfully rejects or justifiably revokes acceptance then with respect\nto any goods involved, and with respect to the whole if the breach goes\nto the whole contract (Section 2--612), the buyer may cancel and whether\nor not he has done so may in addition to recovering so much of the price\nas has been paid\n (a) "cover" and have damages under the next section as to all the\n goods affected whether or not they have been identified to\n the contract; or\n (b) recover damages for non-delivery as provided in this Article\n (Section 2--713).\n (2) Where the seller fails to deliver or repudiates the buyer may also\n (a) if the goods have been identified recover them as provided in\n this Article (Section 2--502); or\n (b) in a proper case obtain specific performance or replevy the\n goods as provided in this Article (Section 2--716).\n (3) On rightful rejection or justifiable revocation of acceptance a\nbuyer has a security interest in goods in his possession or control for\nany payments made on their price and any expenses reasonably incurred in\ntheir inspection, receipt, transportation, care and custody and may hold\nsuch goods and resell them in like manner as an aggrieved seller\n(Section 2--706).\n