2006 New York Code - Repudiated, Substituted And Excused

 
  Section 2-A-404. Substituted Performance.
    (1)  If  without fault of the lessee, the lessor and the supplier, the
  agreed berthing, loading, or unloading facilities  fail  or  the  agreed
  type  of  carrier  becomes  unavailable or the agreed manner of delivery
  otherwise  becomes  commercially  impracticable,  but   a   commercially
  reasonable  substitute  is available, the substitute performance must be
  tendered and accepted.
    (2) If the agreed means or manner of payment fails because of domestic
  or foreign governmental regulation:
         (a) the lessor  may  withhold  or  stop  delivery  or  cause  the
             supplier  to  withhold  or  stop  delivery  unless the lessee
             provides a means or manner of payment that is commercially  a
             substantial equivalent; and
         (b) if  delivery  has already been taken, payment by the means or
             in the manner  provided  by  the  regulation  discharges  the
             lessee's  obligation unless the regulation is discriminatory,
             oppressive, or predatory.