A former Avaya executive who won a $10 million punitive damages award in an age-discrimination suit only to have the trial judge remit it to $3.7 million has lost another $1.25 million on appeal.

On Tuesday, in a reported opinion, the Appellate Division reduced the punitives by the portion corresponding to the emotional distress damages awarded, saying such damages “often contain a punitive element” and the panel was “satisfied that is the case here.”

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