2006 New York Code - Buyer\'s Right To Goods On Seller\'s Repudiation, Failure To Deliever, Or Insolvency.

 
  Section 2--502. Buyer's  Right to Goods on Seller's Repudiation, Failure
                    to Deliver, or Insolvency.
    (1) Subject to subsections (2) and (3) and even though the goods  have
  not  been  shipped  a  buyer  who has paid a part or all of the price of
  goods in which he has a special property under  the  provisions  of  the
  immediately preceding section may on making and keeping good a tender of
  any unpaid portion of their price recover them from the seller if:
         (a) in  the  case  of  goods  bought  for  personal,  family,  or
             household purposes, the seller repudiates or fails to deliver
             as required by the contract; or
         (b) in all cases, the seller becomes insolvent  within  ten  days
             after receipt of the first installment on their price.
    (2)  The  buyer's  right  to  recover the goods under paragraph (a) of
  subsection (1) vests upon acquisition of a special property, even if the
  seller had not then repudiated or failed to deliver.
    (3) If the identification creating his special property has been  made
  by  the  buyer  he  acquires the right to recover the goods only if they
  conform to the contract for sale.