2006 New York Code - Action For The Price.

 
  Section 2--709. Action for the Price.
    (1) When the buyer fails to pay the price as it becomes due the seller
  may  recover,  together  with  any  incidental  damages  under  the next
  section, the price
         (a) of goods accepted or of  conforming  goods  lost  or  damaged
             within  a  commercially  reasonable  time after risk of their
             loss has passed to the buyer; and
         (b) of goods identified to the contract if the seller  is  unable
             after  reasonable effort to resell them at a reasonable price
             or the circumstances reasonably  indicate  that  such  effort
             will be unavailing.
    (2) Where the seller sues for the price he must hold for the buyer any
  goods  which  have  been identified to the contract and are still in his
  control except that if resale becomes possible he may resell them at any
  time prior to the collection of the judgment. The net  proceeds  of  any
  such  resale  must  be credited to the buyer and payment of the judgment
  entitles him to any goods not resold.
    (3) After the buyer has wrongfully rejected or revoked  acceptance  of
  the goods or has failed to make a payment due or has repudiated (Section
  2--610),  a  seller  who  is  held  not entitled to the price under this
  section shall nevertheless be awarded damages for  non-acceptance  under
  the preceding section.