Xerox Corp. v. Town of Webster

—Order unanimously affirmed *991without costs. Memorandum: Plaintiff Xerox Corporation (Xerox) commenced this action under 42 USC § 1983 seeking relief from alleged civil rights violations in connection with tax assessments levied upon property owned by Xerox. Contrary to defendants’ contention, the 1987 settlement agreement between the parties does not bar Xerox’s section 1983 action. The settlement agreement by its unambiguous terms was "made only for the purpose of resolving pending litigation”. The section 1983 action was not pending at the time the agreement was entered into, and the…