N.Y. U.C.C. 2-723

Section 2--723. Proof of Market Price: Time and Place.\n (1) If an action based on anticipatory repudiation comes to trial\nbefore the time for performance with respect to some or all of the\ngoods, any damages based on market price (Section 2--708 or Section\n2--713) shall be determined according to the price of such goods\nprevailing at the time when the aggrieved party learned of the\nrepudiation.\n (2) If evidence of a price prevailing at the times or places described\nin this Article is not readily available the price prevailing within any\nreasonable time before or after the time described or at any other place\nwhich in commercial judgment or under usage of trade would serve as a\nreasonable substitute for the one described may be used, making any\nproper allowance for the cost of transporting the goods to or from such\nother place.\n (3) Evidence of a relevant price prevailing at a time or place other\nthan the one described in this Article offered by one party is not\nadmissible unless and until he has given the other party such notice as\nthe court finds sufficient to prevent unfair surprise.\n