2006 New York Code - Risk Of Loss In The Absence Of Breach.

 
  Section 2--509. Risk of Loss in the Absence of Breach.
    (1)  Where  the contract requires or authorizes the seller to ship the
  goods by carrier
         (a) if it does not require him to deliver them  at  a  particular
             destination,  the  risk  of loss passes to the buyer when the
             goods are duly delivered  to  the  carrier  even  though  the
             shipment is under reservation (Section 2--505); but
         (b) if  it  does  require  him  to  deliver  them at a particular
             destination and the goods are there duly  tendered  while  in
             the possession of the carrier, the risk of loss passes to the
             buyer  when the goods are there duly so tendered as to enable
             the buyer to take delivery.
    (2) Where the goods are held by a bailee to be delivered without being
  moved, the risk of loss passes to the buyer
         (a) on his receipt of a negotiable document of title covering the
             goods; or
         (b) on acknowledgment by the  bailee  of  the  buyer's  right  to
             possession of the goods; or
         (c) after  his  receipt  of a non-negotiable document of title or
             other written direction to deliver, as provided in subsection
             (4) (b) of Section 2--503.
    (3) In any case not within subsection (1) or (2),  the  risk  of  loss
  passes  to  the  buyer  on  his  receipt of the goods if the seller is a
  merchant; otherwise the risk passes to the buyer on tender of delivery.
    (4) The provisions of this section are subject to  contrary  agreement
  of the parties and to the provisions of this Article on sale on approval
  (Section  2--327)  and  on  effect  of  breach  on risk of loss (Section
  2--510).