(1) Subject to subsections (2) and (3) and even though the goods have
not been shipped a buyer who has paid a part or all of the price of
goods in which he has a special property under the provisions of the
immediately preceding section may on making and keeping good a tender of
any unpaid portion of their price recover them from the seller if:
(a) in the case of goods bought for personal, family, or
household purposes, the seller repudiates or fails to deliver
as required by the contract; or
(b) in all cases, the seller becomes insolvent within ten days
after receipt of the first installment on their price.
(2) The buyer's right to recover the goods under paragraph (a) of
subsection (1) vests upon acquisition of a special property, even if the
seller had not then repudiated or failed to deliver.
(3) If the identification creating his special property has been made
by the buyer he acquires the right to recover the goods only if they
conform to the contract for sale.
Structure New York Laws
2-501 - Insurable Interest in Goods; Manner of Identification of Goods.
2-502 - Buyer's Right to Goods on Seller's Repudiation, Failure to Deliever, or Insolvency.
2-503 - Manner of Seller's Tender of Delivery.
2-505 - Seller's Shipment Under Reservation.
2-506 - Rights of Financing Agency.
2-507 - Effect of Seller's Tender; Delivery on Condition.
2-508 - Cure by Seller of Improper Tender or Delivery; Replacement.
2-509 - Risk of Loss in the Absence of Breach.
2-510 - Effect of Breach on Risk of Loss.
2-511 - Tender of Payment by Buyer; Payment by Check.
2-512 - Payment by Buyer Before Inspection.
2-513 - Buyer's Right to Inspection of Goods.
2-514 - When Documents Deliverable on Acceptance; When on Payment.