2006 New York Code - Who Can Sue Third Parties For Injury To Goods.

 
  Section 2--722. Who Can Sue Third Parties for Injury to Goods.
    Where  a third party so deals with goods which have been identified to
  a contract for sale as to cause actionable injury to  a  party  to  that
  contract
    (a)  a  right  of action against the third party is in either party to
  the contract for sale who has title to  or  a  security  interest  or  a
  special property or an insurable interest in the goods; and if the goods
  have  been destroyed or converted a right of action is also in the party
  who either bore the risk of loss under the  contract  for  sale  or  has
  since the injury assumed that risk as against the other;
    (b)  if at the time of the injury the party plaintiff did not bear the
  risk of loss as against the other party to the  contract  for  sale  and
  there  is  no  arrangement between them for disposition of the recovery,
  his suit or settlement is, subject to his own interest, as  a  fiduciary
  for the other party to the contract;
    (c) either party may with the consent of the other sue for the benefit
  of whom it may concern.