N.Y. Real Property Actions & Proceedings Law § 1911: Action to extinguish inchoate right of dower

§ 1911. Action to extinguish inchoate right of dower. 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.