Opinion
June 16, 1986
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Order affirmed insofar as appealed from, with costs.
Where the award rendered by an arbitrator exceeds allowable insurance limits, the insurer's remedy is to move to modify the award (see, Matter of Nationwide Mut. Ins. Co. [Miller], 95 A.D.2d 961). Although an aggrieved party has only 90 days in which to move to vacate or modify an award (CPLR 7511 [a]), said party may choose not to make a motion and raise the objection when the victor moves to confirm the award (see, Matter of Katz [Uvegi], 18 Misc.2d 576, 583, affd 11 A.D.2d 773; Morris v. Government Employees Ins. Co., 95 Misc.2d 696, 697, affd 106 Misc.2d 448, revd on other grounds 81 A.D.2d 880; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, C7511:1, C7510:1). Accordingly, Special Term acted properly in modifying the amount of the award. Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.