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N.Y. UCC Law § 2-A-402

This is the official text of N.Y. UCC Law § 2-A-402, part of New York’s UCC Law — part of the compiled statutory law of New York, published by the state as "UCC Law." Browse the sections below, each linked to its official government source.

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Anticipatory Repudiation

Official statutory text

Section 2-A-402. Anticipatory Repudiation.\n If either party repudiates a lease contract with respect to a\nperformance not yet due under the lease contract, the loss of which\nperformance will substantially impair the value of the lease contract to\nthe other, the aggrieved party may:\n (1) for a commercially reasonable time, await retraction of\nrepudiation and performance by the repudiating party;\n (2) make demand pursuant to Section 2-A-401 and await assurance of\nfuture performance adequate under the circumstances of the particular\ncase; or\n (3) resort to any right or remedy upon default under the lease\ncontract or this Article, even though the aggrieved party has notified\nthe repudiating party that the aggrieved party would await the\nrepudiating party's performance and assurance and has urged retraction.\nIn addition, whether or not the aggrieved party is pursuing one of the\nforegoing remedies, the aggrieved party may suspend performance or, if\nthe aggrieved party is the lessor, proceed in accordance with the\nprovisions of this Article on the lessor's right to identify goods to\nthe lease contract notwithstanding default or to salvage unfinished\ngoods (Section 2-A-524).\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.