N.Y. UCC Law § 2-722

Section 2--722. Who Can Sue Third Parties for Injury to Goods.\n Where a third party so deals with goods which have been identified to\na contract for sale as to cause actionable injury to a party to that\ncontract\n (a) a right of action against the third party is in either party to\nthe contract for sale who has title to or a security interest or a\nspecial property or an insurable interest in the goods; and if the goods\nhave been destroyed or converted a right of action is also in the party\nwho either bore the risk of loss under the contract for sale or has\nsince the injury assumed that risk as against the other;\n (b) if at the time of the injury the party plaintiff did not bear the\nrisk of loss as against the other party to the contract for sale and\nthere is no arrangement between them for disposition of the recovery,\nhis suit or settlement is, subject to his own interest, as a fiduciary\nfor the other party to the contract;\n (c) either party may with the consent of the other sue for the benefit\nof whom it may concern.\n