2006 New York Code - Obligation Of Warehouseman Or Carrier To Deliver; Excuse.

 
  Section 7--403. Obligation   of  Warehouseman  or  Carrier  to  Deliver;
                    Excuse.
    (1) The bailee must deliver the goods to a person entitled  under  the
  document  who  complies  with subsections (2) and (3), unless and to the
  extent that the bailee establishes any of the following:
         (a) delivery of the goods to a person whose receipt was  rightful
             as against the claimant;
         (b) damage  to  or  delay,  loss  or destruction of the goods for
             which  the  bailee  is  not  liable,  but   the   burden   of
             establishing  negligence  in  such  cases  is  on  the person
             entitled under the document;
         (c) previous sale or other disposition of  the  goods  in  lawful
             enforcement of a lien or on warehouseman's lawful termination
             of storage;
         (d) the  exercise  by  a  seller  of  his  right to stop delivery
             pursuant to the provisions of the Article on  Sales  (Section
             2--705);
         (e) a  diversion,  reconsignment or other disposition pursuant to
             the provisions of this Article  (Section  7--303)  or  tariff
             regulating such right;
         (f) release,  satisfaction or any other fact affording a personal
             defense against the claimant;
         (g) any other lawful excuse.
    (2) A person claiming goods  covered  by  a  document  of  title  must
  satisfy  the  bailee's  lien  where  the bailee so requests or where the
  bailee is prohibited by law from delivering the goods until the  charges
  are paid.
    (3)  Unless  the  person  claiming  is  one  against whom the document
  confers no right  under  Section  7--503  (1),  he  must  surrender  for
  cancellation   or   notation   of  partial  deliveries  any  outstanding
  negotiable document covering the goods, and the bailee must  cancel  the
  document or conspicuously note the partial delivery thereon or be liable
  to any person to whom the document is duly negotiated.
    (4) "Person entitled under the document" means holder in the case of a
  negotiable document, or the person to whom delivery is to be made by the
  terms  of  or  pursuant  to  written instructions under a non-negotiable
  document.