2006 New York Code - Buyer\'s Damages For Non-delivery Or Repudiation.

 
  Section 2--713. Buyer's Damages for Non-Delivery or Repudiation.
    (1) Subject to the provisions of this Article with respect to proof of
  market  price  (Section 2--723), the measure of damages for non-delivery
  or repudiation by the seller is the difference between the market  price
  at  the time when the buyer learned of the breach and the contract price
  together with any incidental and consequential damages provided in  this
  Article  (Section 2--715), but less expenses saved in consequence of the
  seller's breach.
    (2) Market price is to be determined as of the place for tender or, in
  cases of rejection after arrival or revocation of acceptance, as of  the
  place of arrival.