1. An owner of land subject to an inchoate right of dower may maintain an action in the supreme court against the possessor of such right to have the right extinguished. In such action the court shall find the present cash value of the inchoate right of dower according to the law applicable to annuities and survivorships. It shall also determine whether the payment to the defendant of the sum found, in lieu of her right, would be unduly prejudicial to her. If the court determines that such payment would not be unduly prejudicial, the court, upon proof of payment of such sum to the defendant or upon payment into court for her credit, shall make an order declaring the inchoate right of dower extinguished.
2. Nothing herein contained shall be construed to affect section 967 or article 17 of this chapter, or section two hundred and forty-eight of the surrogate's court act. 1
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