§490:2A-221  Casualty to identified goods.  If
a lease contract requires goods identified when the lease contract is made, and
the goods suffer casualty without fault of the lessee, the lessor or the
supplier before delivery, or the goods suffer casualty before risk of loss
passes to the lessee pursuant to the lease agreement or section 490:2A-219,
then:



(1)  If the loss is total, the lease contract is
avoided; and



(2)  If the loss is partial or the goods have so
deteriorated as to no longer conform to the lease contract, the lessee may
nevertheless demand inspection and at the lessee's option either treat the
lease contract as avoided or, except in a finance lease that is not a consumer
lease, accept the goods with due allowance from the rent payable for the
balance of the lease term for the deterioration or the deficiency in quantity
but without further right against the lessor. [L 1991, c 40, pt of §1]