John Vitagliano handles the pre-litigation, litigation, settlement and trial of a wide range of cases brought against municipalities and their representatives, including police departments and police officers.

Prior to joining Wilson Elser, John spent more than four years as an Assistant District Attorney in the Nassau County District Attorney’s Office, where he was a felony prosecutor in the Special Victims Bureau. John handled investigations and cases involving domestic violence, sexual assaults and serious physical injury to children. While at the DA’s office, John tried numerous criminal cases to verdict.

John also handled several election law matters in Westchester, Rockland and Putnam counties, and he previously worked at the Westchester County Board of Elections, and was a Special Projects Coordinator on several local and statewide campaigns. During law school, John was a summer intern with the Westchester County District Attorney’s Office, and served an intern for the Honorable Susan Cacace in the Westchester County Criminal Court.

Areas of Focus

Municipal Litigation
John Vitagliano handles and defends municipal liability claims, including violations of the Civil Rights Act; charges of police brutality; and claims of wrongful conviction, malicious prosecution, excessive force, negligent supervision and training, false arrest and false imprisonment. John also handles zoning and land use matters involving municipalities and claims involving tort liability, discrimination and retaliation in employment, wrongful discharge and sexual harassment. He also defends a variety of prisoner-related claims, including those involving the treatment, diagnoses and prevention of COVID-19 in correctional facilities.

Child Victims Act (CVA)
Since joining the Municipal Practice at Wilson Elser, John has handled several CVA matters filed in New York, representing and defending municipalities. He is certified in ChildFirst Forensic Interview Protocols in regard to interviewing child victims of sexual abuse. As an Assistant District Attorney in the Nassau County District Attorney’s Office, John participated in Multi-Disciplinary Team (MDT) meetings regarding sexual abuse investigations against children that involved the Department of Social Services, Child Protective Services, the District Attorney’s office, the police department and other governmental entities.

    Education

    • Elisabeth Haub School of Law at Pace University (J.D., 2017)
      • cum laude
    • Fordham University (B.A. Economics, 2013)

    Bar Admissions

    • New York

    Court Admissions

    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York

    Awards & Honors

    Selected for inclusion in New York Metro Super Lawyers® Rising Stars™ in the State/Local/Municipal category, 2025

John A. Vitagliano

​Gallay and Vitagliano Secure Defense Verdict for Police Officer After Ten-Year Battle

Michael Gallay (Partner-White Plains, NY) and John Vitagliano (Associate-White Plains, NY), assisted by office paralegal Michelle Natoli, obtained a defense verdict in the New York, in favor of Wilson Elser’s client, a Nassau County police officer, successfully concluding a contentious ten-year legal battle. The plaintiffs in this matter brought suit on behalf of the decedent, who died as a result of head injuries sustained in a motorcycle collision. The plaintiffs allege that our client and his partner (co-defendant with outside counsel) recklessly engaged in an unwarranted pursuit of the decedent for a low-level offense without flashing lights or a siren, causing the decedent to flee from the approaching SUV, which he allegedly didn’t recognize as a police vehicle. Our client and his partner observed the decedent riding a motorcycle after midnight without illuminated headlights or taillights. When the officers attempted to stop the decedent for a VTL (vehicle and traffic law violation) by turning on the vehicle’s flashing lights, he fled at high speed, proceeding through two stop signs and colliding with a car crossing the intersection. Wilson Elser contended that the client did not pursue the motorcycle when it sped away but proceeded in the same direction, arriving at the collision site soon after it occurred. Mike presented expert accident reconstruction testimony, establishing that the decedent was traveling 60 mph in a 30 mph zone just before the collision and that only the motorcycle’s rear brakes were applied, preventing the decedent from stopping in time to avoid the collision. After deliberations, the jury found that the decedent’s actions were the sole cause of the crash.

Case Note: Mike stepped in for trial after Janine Mastellone managed the file for 10 years through extensive discovery and multiple motions against a very contentious plaintiff’s attorney.​

Michael E. Gallay and John A. Vitagliano

Privacy Settings
Your Privacy Choices
We value your privacy. Under privacy laws in your jurisdiction, you have the right to control how your personal information is used, including the right to opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. You may also limit the use of your sensitive personal information.

Below, you can review and adjust your cookie and data sharing preferences. For more information about how we use your data, please see our Privacy Policy.

Your Rights and Choices

Opt Out of Sale or Sharing: You may opt out of the sale or sharing of your personal information for advertising and analytics purposes by turning off Advertising & Targeting Cookies. We will honor your choice and will not sell or share your personal information for these purposes unless you enable these cookies again. Wilson Elser does not sell or share personal information in any other manner.

Limit Use of Sensitive Personal Information: If we collect sensitive personal information, you may limit its use to only what is necessary to provide requested services by adjusting your preferences here. Please contact privacy@wilsonelser.com with any questions.

Global Privacy Control: We honor browser-based opt-out signals, such as the Global Privacy Control (GPC). If we detect such a signal, your opt-out preference will be automatically applied.
These cookies are essential for the website to function and cannot be switched off in our systems. They are usually set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.
These cookies enable the website to provide enhanced functionality and personalization. If you do not allow these cookies, some or all of these services may not function properly.
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They may be set through our site by us or our analytics partners to understand your interests and deliver more relevant content to you. If you do not allow these cookies, we will not know when you have visited our site