A judge properly declined to dismiss a negligence claim against IBM for allegedly polluting groundwater in the Binghamton area between 1935 and the late 1980s, an upstate appeals court has ruled.

The Appellate Division, Third Department’s decision in Ivory v. International Business Machines, 516276, affirmed a finding by Broome County Supreme Court Justice Ferris Lebous that the negligence claim withstood a pretrial challenge by IBM.