2006 New York Code - Anticipatory Repudiation.

 
  Section 2--610. Anticipatory Repudiation.
    When   either   party  repudiates  the  contract  with  respect  to  a
  performance not yet due the loss of which will substantially impair  the
  value of the contract to the other, the aggrieved party may
    (a)  for  a  commercially  reasonable  time  await  performance by the
  repudiating party; or
    (b) resort to  any  remedy  for  breach  (Section  2--703  or  Section
  2--711), even though he has notified the repudiating party that he would
  await the latter's performance and has urged retraction; and
    (c)  in  either  case  suspend  his  own  performance  or  proceed  in
  accordance with the provisions of this Article on the seller's right  to
  identify  goods  to  the  contract  notwithstanding breach or to salvage
  unfinished goods (Section 2--704).