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  • Marshall T. Kizner

    Marshall T. Kizner

    Shareholder

    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 OpportunitiesModernRestaurantManagement.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 FieldAsbury 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 MicrobrewsU.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 ReliefNJ.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 BillU.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 JerseyU.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

    * No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

    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

     

    Business & Commercial Law Blog
    July 2, 2013
    All municipalities in New Jersey are required by statute to hold annual sales of unpaid real estate taxes.  By selling off these tax liens,...
    Firm News
    November 16, 2020
    Stark & Stark Shareholders Evan Lide and Brian Shea were nominated to the Board of the Mercer County Bar Association (MCBA) by its nominating...
    Firm News
    July 1, 2017
    The law firm of Stark & Stark has announced that five Associates were elected Shareholders effective July 1. These new Shareholders are Marshall...
    Firm News
    February 10, 2014
    Stark & Stark attorney Marshall T. Kizner, member of the firm’s Beer & Spirits Group, was featured in the New Jersey Law Journal article,...
    Firm News
    February 3, 2014
    We are proud to announce the creation of the firms latest practice area focused on the legal issues unique to the microbrew and artisan distilling...

    Firm Highlights

    Stark & Stark Shareholder Deborah S. Dunn, Esq. Installed as 2nd Vice President and Diversity Officer of the New Jersey Association for Justice for 2026–2027

    Stark & Stark is proud to announce that Shareholder Deborah S. Dunn, Esq. has been installed as 2nd Vice President and Diversity Officer of the...

    Stark & Stark Recognized with Community Partner Award by Mercer County Community College Foundation

    Stark & Stark is proud to announce that the firm has been recognized with the Community Partner Award by the Mercer County Community College...

    Carin A. O’Donnell, Esq. Inducted as 2026-2027 President of the Pennsylvania Association for Justice

    Stark & Stark is proud to announce that Carin A. O'Donnell, Esq. was sworn in as the 2026-2027 President of the Pennsylvania Association for...

    Stark & Stark’s Thomas S. Onder, Esq. Receives 2026 ICSC Trustees’ Distinguished Service Award

    Stark & Stark is proud to announce that Thomas S. Onder, Esq., Shareholder and Chair of the Firm’s Shopping Center & Retail Development...

    Stark & Stark’s Joseph H. Lemkin Esq., Named 2026 Professional Lawyer of the Year for the Jewish Bar Association of New Jersey

    Stark & Stark is proud to announce that Joseph H. Lemkin Esq. has been selected by the New Jersey Commission on Professionalism in the Law as...

    Our Values Remain: A Message on the Closing of Diversity Lab

    Stark & Stark is saddened and disappointed to learn that Diversity Lab, the organization that created and manages the Mansfield Certification...

    Congratulations to Shareholder Bhaveen R. Jani, Esq. on his Installation as Treasurer of the Middlesex County Bar Foundation

    Stark & Stark is proud to announce that Shareholder Bhaveen R. Jani, Esq. has been installed as Treasurer of the Middlesex County Bar Foundation,...

    Denise Mariani, Esq., and Jonathan Lauri, Esq. Secure $750,000 Jury Verdict Against Hamilton Healthcare and Rehabilitation Center

    It is our pleasure to announce that Denise Mariani, Esq., and Jonathan Lauri, Esq., secured a $750,000 jury verdict on behalf of a nursing home...

    Stark & Stark Welcomes 2026 Summer Law Clerks

    Stark & Stark is proud to announce its 10th Annual Summer Law Clerk Program. Five Summer Law Clerks will join the firm from June through July...

    Retail Development Team Secures Major Recovery for Landlord Client Amid Bankruptcy Dispute

    Our Shopping Center and Retail Development Group recently secured a multi-million-dollar settlement for a commercial landlord client' s property...

    Jeffrey A. Krawitz, Esq. and Catherine Foley, Esq. Secure $950,000 Settlement in Surgical Malpractice Matter

    Jeffrey A. Krawitz, Esq. and Catherine Foley, Esq. recently secured a confidential $950,000 settlement in a surgical malpractice case. “This...

    Victoria Wilton, Esq. Selected to Serve on New Jersey State Bar Association Family Law Executive Committee

    We are proud to announce that Victoria Wilton, Esq. has been selected to serve on the New Jersey State Bar Association Family Law Executive Committee...