2006 New York Code - Seller\'s Damages For Non-acceptance Or Repudiation.

 
  Section 2--708. Seller's Damages for Non-acceptance or Repudiation.
    (1)  Subject  to  subsection (2) and to the provisions of this Article
  with respect to proof of market price (Section 2--723), the  measure  of
  damages for non-acceptance or repudiation by the buyer is the difference
  between the market price at the time and place for tender and the unpaid
  contract  price  together  with  any incidental damages provided in this
  Article (Section 2--710), but less expenses saved in consequence of  the
  buyer's breach.
    (2) If the measure of damages provided in subsection (1) is inadequate
  to  put  the seller in as good a position as performance would have done
  then  the  measure  of  damages  is  the  profit  (including  reasonable
  overhead)  which the seller would have made from full performance by the
  buyer, together with any incidental damages  provided  in  this  Article
  (Section  2--710),  due  allowance for costs reasonably incurred and due
  credit for payments or proceeds of resale.