2006 New York Code - Definitions

 
  Section 2--105. Definitions:  Transferability;  "Goods"; "Future" Goods;
                    "Lot"; "Commercial Unit".
    (1) "Goods" means all things (including specially manufactured  goods)
  which are movable at the time of identification to the contract for sale
  other  than  the  money  in  which  the  price is to be paid, investment
  securities (Article 8) and things in action. "Goods" also  includes  the
  unborn  young  of  animals and growing crops and other identified things
  attached to realty as described in the section on goods  to  be  severed
  from realty (Section 2--107).
    (2)  Goods must be both existing and identified before any interest in
  them can pass. Goods which are not  both  existing  and  identified  are
  "future"  goods.  A  purported  present  sale  of future goods or of any
  interest therein operates as a contract to sell.
    (3) There may be a sale of a  part  interest  in  existing  identified
  goods.
    (4)  An  undivided  share  in  an identified bulk of fungible goods is
  sufficiently identified to be sold although the quantity of the bulk  is
  not  determined.  Any  agreed  proportion of such a bulk or any quantity
  thereof agreed upon by number, weight or other measure may to the extent
  of the seller's interest in the bulk be  sold  to  the  buyer  who  then
  becomes an owner in common.
    (5)  "Lot"  means  a  parcel  or a single article which is the subject
  matter of a separate sale or delivery, whether or not it  is  sufficient
  to perform the contract.
    (6)  "Commercial  unit"  means  such  a unit of goods as by commercial
  usage is a single whole for purposes  of  sale  and  division  of  which
  materially  impairs  its  character  or value on the market or in use. A
  commercial unit may be a single article (as  a  machine)  or  a  set  of
  articles  (as  a  suite  of  furniture  or  an assortment of sizes) or a
  quantity (as a bale, gross, or carload) or any other unit treated in use
  or in the relevant market as a single whole.