2006 New York Code - Proof Of Market Price

 
  Section 2--723. Proof of Market Price: Time and Place.
    (1)  If  an  action  based  on anticipatory repudiation comes to trial
  before the time for performance with respect  to  some  or  all  of  the
  goods,  any  damages  based  on  market price (Section 2--708 or Section
  2--713) shall be  determined  according  to  the  price  of  such  goods
  prevailing  at  the  time  when  the  aggrieved  party  learned  of  the
  repudiation.
    (2) If evidence of a price prevailing at the times or places described
  in this Article is not readily available the price prevailing within any
  reasonable time before or after the time described or at any other place
  which in commercial judgment or under usage of trade would  serve  as  a
  reasonable  substitute  for  the  one  described may be used, making any
  proper allowance for the cost of transporting the goods to or from  such
  other place.
    (3)  Evidence  of a relevant price prevailing at a time or place other
  than the one described in this Article  offered  by  one  party  is  not
  admissible  unless and until he has given the other party such notice as
  the court finds sufficient to prevent unfair surprise.