Marshall T. Kizner

Marshall Kizner is a Shareholder in Stark & Stark’s commercial litigation group, where he focuses on a range of litigation disputes involving commercial real estate matters, complex title disputes, franchise litigation, representation of secured and unsecured lenders and lessors, foreclosure litigation, evictions, judgment collection, and fraud and fraudulent transfer claims.

Mr. Kizner is also Co-Chair of the firm’s Beer & Spirits group, where he focuses on assisting breweries, wineries, and distilleries in state and federal licensing, equipment leasing, real estate leases, and land use and zoning issues.

Mr. Kizner is an accomplished trial lawyer with experience handling litigation matters in a variety of forums, including federal and state courts in both New Jersey and Pennsylvania and county board of taxations. Mr. Kizner also litigates disputes on behalf of New Jersey breweries and distilleries against the New Jersey Division of Alcoholic Beverage Control before the New Jersey Office of Administrative Law and local planning boards challenging restrictions on the use of commercial properties.

Bar/Court Admissions

New Jersey
Pennsylvania
U.S. District Court, District of New Jersey
U.S. District Court, Eastern District of Pennsylvania
U.S. Court of Federal Claims

Education

J.D., Rutgers Law School, 2008
B.A., Rutgers University, 2004

Representative Experience

*Results may vary depending on your particular facts and legal circumstances*

Mr. Kizner’s recent representative matters include:

Obtained dismissal of tortious interference claim in real estate dispute, along with an award for sanctions due to frivolous prosecution of case against adverse party and counsel before the Hunterdon County Superior Court, Chancery Division, which was affirmed on appeal, in full.
Obtained verdict at trial for creditor against defendant-entity who alleged that defendant never executed equipment finance lease in the Court of Common Pleas, Chester County, Pennsylvania.
Judgment entered at trial on behalf of defendant, lender, in dispute with plaintiff, lender, concerning lien priority dispute in the Court of Common Pleas, Philadelphia County, Pennsylvania.
Successfully litigated a real estate matter concerning the rights and obligations of a spouse who maintained a dowry interest in property, which also involved unique title claims and defenses in the New Jersey, Superior Court, Chancery Division, General Equity Part.
Successfully enforced an arbitration provision contained in a franchise agreement forcing franchisee to arbitrate dispute with franchisor before the American Arbitration Association in the District Court for the Northern District Court of Ohio.

*Results may vary depending on your particular facts and legal circumstances*

Thought Leadership

Presenter, Collecting the Judgment. National Business Institute Collection Law From Start to Finish – New Jersey Guide Seminar. December 2, 2024.
Presenter, Best Practices for Increasing Average Unit Volumes Through Brand Compliance. International Franchise Expo. May 30, 2024.
Presenter, Title Risks and Red Flags: Closing Delays, Scrivener Errors, and Sales Schemes. AmTrust Title Insurance Company Spring Seminar. May 9, 2024.
Marshall Kizner, Unreasonable Reliance–Defending a Claim for an Alleged Item 7 Misrepresentation, 42 Franchise Law Journal 419 (2023)
Panelist, The Intersection of Bankruptcy & Family. MCBA Xtreme CLE. October 14, 2021.
Presenter, Commercial Landlord Tenant Law 2021: Evictions, Foreclosures and More. NJICLE. May 4, 2021.
Presenter, General Practitioners Guide to Bankruptcy, Contested Matters and Adversary Proceedings. Mercer County Bar Association Xtreme CLE. October 15, 2020.
Jersey Craft Breweries: Continued Growth and Opportunities. ModernRestaurantManagement.com. July 24, 2019.
Presenter, Liquor Licensing Special Interest Group. ICSC PA/NJ/DE Conference & Deal Making. September 5, 2018.
Quoted, NJ Craft Beer: Bradley Brew Project Set to Join Crowded Field. Asbury Park Press. January 5, 2018.
Moderator, Beer, Wine & Spirits –Legislative Update. FoodBizNJ. October 24, 2017.
Co-Presenter, Craft Breweries and Distilleries: Opportunities for Shopping Centers. ICSC PA/NJ/DE Conference & Deal Making. September 12, 2017.
The Battle of the Microbrews. U.S.1. September 6, 2017.
Contract Brewing: An Alternative for Entry into the Craft Beer Marketplace. NJ.com. August 11, 2017.
Presenter, Craft Breweries & Distilleries: Impact on Commercial Real Estate. Stark & Stark Real Estate MCE Seminar. April 26, 2017.
Presenter, Legal Issues and Challenges Facing Craft Breweries and Distilleries. February 16, 2017.
Common Issues Facing Commercial Businesses Seeking Property Tax Relief. NJ.com. February 13, 2017.
Taking Charge: Owners Can Avoid Pitfalls in Tenant Leasing. Commercial Investment Real Estate Magazine. September/October 2016.
Groundbreaking Legislation in Pennsylvania Gives Customers Greater Ability to Buy Wine and Beer. NJ.com. June 17, 2016.
Presenter, Distilled Spirits: Legal Issues and Challenges facing Craft Distilleries. Lawline CLE. May 18, 2016.
Presenter, Advocating for Lower Taxes: The Ins and Outs of Reducing and Appealing Tax Assessments. Stark & Stark Seminar. February 22, 2016.
Legislation Aims to Strengthen Relationship Between Breweries, Local Businesses. NJ.com. November 24, 2015.
Property Tax Revaluations and Your Tax Assessment: A Higher Assessment Does Not Necessarily Mean a Larger Tax Bill. U.S.1. September 16, 2015.
Presenter, Legal Considerations for Start-Up Distillers in New Jersey. Cooper River Distillers. October 25, 2014.
Craft Distilleries on the Rise in New Jersey. U.S.1. November 19, 2014.
Non-Compete Agreements are Important for Protecting Beverage Secrets. Beverage Industry. September 15, 2014.
Suits & Deals: $817,000 in Lease Dispute. New Jersey Law Journal. September 15, 2014.
N.J. Craft Distillery License Changes Provide Exciting Opportunity (Op-Ed). NJ.com. June 20, 2014.
Wine, Beer and Spirits Effervesces As a New Law Firm Practice Area. New Jersey Law Journal. February 3, 2014.
Commercial Property Taxes: Is Your Business Paying More Than Its Fair Share? US1, March 20, 2013.
Presenter, The Intersection of Eviction and Bankruptcy Law in New Jersey: Issues To Know Before, During and After a Bankruptcy for Debtor Tenants and Creditor Landlords, Real Estate and Bankruptcy Sections of Mercer County Bar Association, February 15, 2011.
State Constitutional Law-Economic Benefit Alone Does Not Constitute A Public Use for Eminent Domain Takings. 38 RUTGERS L.J. 1379 (2007).

Honors & Awards

New Jersey Super Lawyers Rising Stars List issued by Thomson Reuters (Methodology)
- 2014 – 2021; Creditor Debtor Rights: Business, Business Litigation, Bankruptcy: Business

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Professional Organizations

American Bar Association
Forum on Franchising
International Franchise Association’s Franchise Business Network

Community Organizations

Jewish Community Center Princeton Mercer Bucks, Visioning Committee
Beth Chaim Congregation, Membership Committee
Jewish Family & Children’s Service of Greater Mercer County, Resource Development Committee