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N.Y. UCC Law § 2-A-404

This is the official text of N.Y. UCC Law § 2-A-404, 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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Substituted Performance

Official statutory text

Section 2-A-404. Substituted Performance.\n (1) If without fault of the lessee, the lessor and the supplier, the\nagreed berthing, loading, or unloading facilities fail or the agreed\ntype of carrier becomes unavailable or the agreed manner of delivery\notherwise becomes commercially impracticable, but a commercially\nreasonable substitute is available, the substitute performance must be\ntendered and accepted.\n (2) If the agreed means or manner of payment fails because of domestic\nor foreign governmental regulation:\n (a) the lessor may withhold or stop delivery or cause the\n supplier to withhold or stop delivery unless the lessee\n provides a means or manner of payment that is commercially a\n substantial equivalent; and\n (b) if delivery has already been taken, payment by the means or\n in the manner provided by the regulation discharges the\n lessee's obligation unless the regulation is discriminatory,\n oppressive, or predatory.\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.