2006 New York Code - Lessee\'s Damages For Non-delivery, Repudiation, Default, And Breach Of Warranty In Regard To Accepted Goods.

 
  Section 2-A-519. Lessee's   Damages   for   Non-delivery,   Repudiation,
                     Default, and Breach of Warranty in Regard to Accepted
                     Goods.
    (1) Except as otherwise provided with respect to damages liquidated in
  the lease agreement (Section 2-A-504) or otherwise  determined  pursuant
  to  agreement of the parties (Section 1-102(3) and 2-A-503), if a lessee
  elects not to cover or a lessee elects to cover  and  the  cover  is  by
  lease  agreement,  whether  or  not  the  lease  agreement qualifies for
  treatment under Section 2-A-518(2), or is by purchase or otherwise,  the
  measure  of damages for non-delivery or repudiation by the lessor or for
  rejection or revocation of acceptance  by  the  lessee  is  the  present
  value,  as of the date of the default, of the then market rent minus the
  present value as of the same date of the original rent, computed for the
  remaining lease term of the  original  lease  agreement,  together  with
  incidental and consequential damages, less expenses saved in consequence
  of the lessor's default.
    (2)  Market rent 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.
    (3)  Except  as otherwise agreed, if the lessee has accepted goods and
  given notification (Section 2-A-516(3)),  the  measure  of  damages  for
  non-conforming  tender  or  delivery or other default by a lessor is the
  loss resulting in the  ordinary  course  of  events  from  the  lessor's
  default  as  determined  in  any manner that is reasonable together with
  incidental and consequential damages, less expenses saved in consequence
  of the lessor's default.
    (4) Except as otherwise agreed, the measure of damages for  breach  of
  warranty is the present value at the time and place of acceptance of the
  difference  between  the  value of the use of the goods accepted and the
  value if they had been as warranted for the lease term,  unless  special
  circumstances  show  proximate  damages  of a different amount, together
  with incidental  and  consequential  damages,  less  expenses  saved  in
  consequence of the lessor's default or breach of warranty.