Is N.Y. U.C.C. Law § 2-610 — Anticipatory Repudiation still in force?

Statute · New York Uniform Commercial Code

N.Y. U.C.C. Law § 2-610 — Anticipatory Repudiation

N.Y. U.C.C. Law § 2-610

Type: Statute
Source: New York Uniform Commercial Code
Jurisdiction: New York
Current through: Nov 5, 2026 (NY Senate Open Legislation)

Section 2--610. Anticipatory Repudiation.

Citator

N.Y. U.C.C. Law § 2-610 — Anticipatory Repudiation is in force in the current edition of the Code, and nothing recorded condemns it.

Section 2--610. Anticipatory Repudiation.

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

(a) for a commercially reasonable time await performance by the repudiating party; or

(b) resort to any remedy for breach (Section 2--703 or Section 2--711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and

(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2--704).