N.Y. UCC Law § 2-502

Section 2--502. Buyer's Right to Goods on Seller's Repudiation, Failure\n to Deliver, or Insolvency.\n (1) Subject to subsections (2) and (3) and even though the goods have\nnot been shipped a buyer who has paid a part or all of the price of\ngoods in which he has a special property under the provisions of the\nimmediately preceding section may on making and keeping good a tender of\nany unpaid portion of their price recover them from the seller if:\n (a) in the case of goods bought for personal, family, or\n household purposes, the seller repudiates or fails to deliver\n as required by the contract; or\n (b) in all cases, the seller becomes insolvent within ten days\n after receipt of the first installment on their price.\n (2) The buyer's right to recover the goods under paragraph (a) of\nsubsection (1) vests upon acquisition of a special property, even if the\nseller had not then repudiated or failed to deliver.\n (3) If the identification creating his special property has been made\nby the buyer he acquires the right to recover the goods only if they\nconform to the contract for sale.\n