
There was also another recent Appellate Court decision which was unpublished 25 –2 – 9554 Paula Middleman v. New Jersey Transit. In this case, the plaintiff appealed a grant of summary judgment by the trial court dismissing her complaint where she alleged gender age and race discrimination. The Appellate Court construed plaintiff's complaint as limited to a claim of failure to promote the court found that the trial court correctly held that all but one of the failure to promote claims were time-barred and with respect to that claim that the plaintiff was unable to present evidence refuting defendant's legitimate nondiscriminatory reasons for its decision not to promote plaintiffs.