ALBANY - A state judge did not abuse his discretion by declining to grant a venue change in the upcoming trial against the International Business Machines Corp. for allegedly polluting air and soil near an upstate factory, an appeals court has decided.

The Appellate Division, Third Department, concluded that IBM failed to show that it will be impossible to seat an impartial jury of six plus two alternates in Broome County Supreme Court for a trial scheduled to begin in September.

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