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.
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*
Mr. Kizner is a member of the American Bar Association, Forum on Franchising and is active in the International Franchise Association’s Franchise Business Network.
Mr. Kizner is also active in a number of charitable community organizations, including the Jewish Community Center, Princeton, Mercer, Bucks, Beth Chaim Congregation in West Windsor, New Jersey and Jewish Family & Children’s Service of Greater Mercer County.
Mr. Kizner is a frequent contributor to the New Jersey Law Blog. You can read Mr. Kizner’s most recent blog post here.