Kenneth E. Pitcoff

Practice Areas

  • Municipal Liability
  • Constitutional Law
  • Employment Law
  • Employment Discrimination
  • Commercial Litigation
  • Personal Injury
  • General Liability


  • St. John's University School of Law, J.D.
  • State University of New York at Stony Brook, B.A. Cum Laude

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
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KENNETH E. PITCOFF is the managing partner of MDAF’s public entity department.  He concentrates in defending municipalities in high-profile civil rights, torts and employment related cases.  He has successfully defended municipalities in excessive force cases, several of which have involved police shootings and Taser use, as well as police false arrest claims. Mr. Pitcoff is proficient at crisis handling and advising his clients how best to communicate with the media.  He works closely with municipalities to limit their potential exposure to a wide variety of lawsuits through education and training.  Mr. Pitcoff also concentrates in defending high exposure personal injury cases where catastrophic injuries are alleged.  He has tried more than sixty cases in the State and Federal Courts, almost all of which have resulted in defendants’ verdicts or verdicts or settlements that were well below the offers made prior to trial. 

Mr. Pitcoff is a frequent lecturer on immunities available to municipalities and his articles are regularly published in the New York State Law Journal.  Mr. Pitcoff had the honor on two occasions of being named National Attorney of the Year by insurance companies.  


Robert P. Sweeney & Associates (corporation counsel for State Farm Insurance)


In 2017, Mr. Pitcoff was named  Attorney of the Year by Tokio Marine, Public Risk Group, for his work defending municipalities.  

In 2011, Mr. Pitcoff was named Attorney of the Year by Midwest Claims, a division of Houston Casualty Corporation, for his work defending municipalities.


  • Monroe v. Police Officer Viohl – Plaintiff claimed that Officer Viohl used excessive force with respect to effectuating his arrest.  Specifically, it was claimed that the police officer Tasered the plaintiff five times and threw him against a police car causing physical injuries.  Mr. Pitcoff was able to convince a jury that the use of the Taser was necessary due to plaintiff’s failure to comply with the officer's commands.  He successfully argued that the officer had properly followed the Department’s use of force continuum.  He was also able to convince the jury that plaintiff’s claim of being thrown against the hood of the police vehicle was a fabrication.  The jury issued a defendant’s verdict.  

  • Noel v. Incorporated Village of Lake Success - Mr. Pitcoff obtained a defendant's verdict in a matter in which plaintiff claimed that the Village and individual defendants unlawfully discriminated against him in violation of Title VII, 42 U.S.C. Section 1981, and Section 290 of the New York State Human Rights Law. Specifically, plaintiff alleged that the discrimination stemmed from a two week suspension issued by the Village as a result of his alleged failure to report a gasoline spill on a golf course in violation of the Village's rules. Plaintiff claimed that the reason for the suspension provided by the Village was pretextual, and that the real reason for the suspension was his race and national origin and that it was in retaliation for a prior discrimination complaint that he filed. Plaintiff sought to recover back-pay, emotional damages and punitive damages. 

  • Wall v. Town of Niskayuna - Plaintiff Police Sergeant alleged gender discrimination in not being promoted to lieutenant and retaliation in not being promoted to detective sergeant.  Mr. Pitcoff obtained a defendant's verdict at trial.

  • Techon Contracting v. Village of Lynbrook - Mr. Pitcoff was lead defense counsel in a multi-million dollar breach of contract case which was discontinued against Mr. Pitcoff's client following a six week trial.
  • Kravtsov v. Town of Greenburgh - Mr. Pitcoff obtained a defendant's verdict where plaintiff claimed that he was discriminated against in violation of the Americans with Disabilities Act.
  • DiBartolo v. Town of Yorktown - Mr. Pitcoff obtained dismissal of this defamation claim brought by two plaintiffs against the Town of Yorktown and Town supervisor based on executive privilege.
  • Croci v. Town of Haverstraw - Mr. Pitcoff obtained dismissal of this claim as against the Town of Haverstraw where plaintiff claimed that the Town violated the New York State Executive Law as a result of the Town's alleged failure to properly investigate and respond to plaintiff's complains of sexual harassment by a co-worker.  
  • Munoz v. Guarino  - Mr. Pitcoff successfully defended his client in a wrongful death action in which his client's personal assets were at risk.  At trial, Mr. Pitcoff obtained a verdict far below a previous  settlement offer that had been extended to plaintiff's estate. 
  • Herman v. Moore - Mr. Pitcoff obtained a defendant's verdict in a damages only case on the grounds that plaintiff, despite receiving years of physical therapy, did not sustain a "serious injury" within the meaning of the New York State Insurance Law.  
  • Casuso v. Demo Equipment Corp.Mr. Pitcoff obtained a defendant's verdict in a matter in which plaintiff alleged that he was forced to undergo three surgeries as a result of the accident in question, including a lumbar fusion surgery, and was left with a permanent disability.  Mr. Pitcoff argued that the plaintiff’s surgeries were not related to the accident, but to preexisting conditions.  Defendants had insurance coverage of $10,000,000 and an offer of $1,150,000 was extended to the plaintiff prior to trial, which was rejected.  The jury dismissed plaintiff’s claim on the grounds that plaintiff's injuries did not breach the “serious injury” threshold, as defined by the New York State Insurance Law. 


Mr. Pitcoff represented the Village of Mamaroneck in the landmark case of Groninger v. Village of Mamaroneck, 17 N.Y.3d 125, 927 N.Y.S.2d 304 (2011), where the Court of Appeals held that parking lots are the "functional equivalent" of roadways within the meaning of the New York State prior written notice statutes.


Update on ‘Serious Injury’
New York Law Journal – October 2, 2017

The ‘Creation Exception’ to the Pothole Law: Difficult to Prove
New York Law Journal – June 13, 2017

Hazard Vehicles: When Does Recklessness Disregard Standard Apply?
New York Law Journal – September 7, 2016

Liability and Emergency Responders: A U-Turn Around Kabir
New York Law Journal – July 15, 2016 

When Same-Sex Harassment Creates a Hostile Work Environment
New York Law Journal – June 2, 2016 

‘Kabir’ Update: ‘Worst Fears’ Realized Prompts Proposed Amendments
New York Law Journal – September 4, 2013

‘Kabir’ and Its Progeny: A Reckless Disregard for Common Sense
New York Law Journal – August 1, 2012

Car vs. Bike: Rules of the Road
New York Law Journal – December 13, 2011

Court of Appeals Holds That Conditions Involving Snow or Ice Need Not Be Immediately Created in Order to Hold a Municipality Liable Under the Affirmative Creation Exception to the Prior Written Notice Rule
NYSBA Torts, Insurance & Compensation Law Section Journal – Winter 2011 – Vol. 40 – No.2

Groninger v. Village of Mamaroneck: Prior Written Notice Laws Are Applicable to Municipal Parking Lots
NYSBA Torts, Insurance & Compensation Law Section Journal – Winter 2011 – Vol. 40 – No.2

Failure to Provide Police Protection and Special Relationship Exception
New York Law Journal – April 8, 2011

Motorcycle Litigation: No Easy Ride
New York Law Journal – September 3, 2010

CPLR 1601: Limiting Liability Against Public Entities?
New York Law Journal - March 24, 2008

New Definition of "Creation Exception" to Pothole Law
New York Law Journal - March 6, 2007

Proposed Amendments to the Recreational Use Statute
New York Law Journal - September 25, 2006

Liability Exemptions for Emergency Vehicles
New York Law Journal - May 3, 2005


  • American Bar Association
  • Defense Research Institute
  • Claims & Litigation Management Alliance.

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