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Checked Oct. 21, 2026

NY ยท Checked Oct. 21, 2026

Prediction market law in New York

In litigation

New York's attorney general is suing Kalshi and Polymarket US while federal courts weigh the CFTC's bid to block state enforcement.

The Gaming Commission sent Kalshi a cease-and-desist letter on Oct. 24, 2025; Kalshi's federal challenge failed when Judge Analisa Torres denied a preliminary injunction on July 7, 2026, and its Second Circuit appeal is pending after a motions order denied a temporary injunction on July 29, 2026. Attorney General Letitia James sued Coinbase and Gemini in April 2026, Kalshi on July 31, 2026 (seeking restitution, disgorgement and treble penalties, reported at about $36 billion) and Polymarket US on Sept. 24, 2026; the cases were removed to federal court. The CFTC's own suit against New York awaits a preliminary-injunction ruling, and a Aug. 11, 2026 CFTC emergency order directs Kalshi to keep operating. No court order currently stops any platform in the state.

Open questions for New York

Timeline of state actions

  1. Other development, Kalshi

    New York's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299).

    Source: Ohio et al. amicus brief, U.S. Supreme Court No. 26-299

  2. State lawsuit, Polymarket US

    The attorney general petitioned New York County Supreme Court against QCX LLC (Polymarket US), alleging unlicensed sports wagering; the case was removed to federal court (No. 1:26-cv-08338).

    Source: New York AG verified petition

  3. Operator lawsuit, Polymarket US

    Polymarket US sued the attorney general and others in the Southern District of New York (No. 1:26-cv-08345) seeking declaratory and injunctive relief.

    Source: DeFi Rate prediction market lawsuit tracker

  4. Other development

    The federal court heard argument on the CFTC's preliminary-injunction motion in United States v. New York; no ruling has issued. New York may respond by Oct. 23, 2026 to the federal plaintiffs' notices on the CFTC's new rules.

    Source: DeFi Rate prediction market lawsuit tracker

  5. Other development, Kalshi

    The CFTC issued an emergency order, citing a market emergency, directing Kalshi to keep operating normally despite New York's request for a restraining order.

    Source: Bettors Insider

  6. Court order, Kalshi

    Judge Jed Rakoff, sitting in for the assigned judge, denied the United States' emergency request for a TRO halting the attorney general's case against Kalshi.

    Source: Ball Is Life / Derek Helling

  7. State lawsuit, Kalshi

    The attorney general sued Kalshi in New York County Supreme Court (No. 453272/2026), alleging an unlicensed gambling business and seeking an injunction, restitution, disgorgement and treble penalties; Kalshi removed the case to federal court.

    Source: Governor and Attorney General press release

  8. Court order, Kalshi

    A Second Circuit motions order denied Kalshi a temporary injunction pending appeal and referred its motion to a three-judge panel; the appeal is to be heard in tandem with two related appeals.

    Source: Second Circuit docket No. 26-1835 (Justia)

  9. Court order, Kalshi

    Judge Analisa Torres denied Kalshi's preliminary injunction, finding preemption unlikely, and dismissed the Gaming Commission itself on immunity grounds; Kalshi appealed (2d Cir. No. 26-1835).

    Source: S.D.N.Y. opinion and order, KalshiEX v. Williams

  10. Other development

    The United States and the CFTC sued New York, the governor, the attorney general and Gaming Commission officials (S.D.N.Y. No. 1:26-cv-03404) to block state enforcement against CFTC-registered markets.

    Source: DeFi Rate prediction market lawsuit tracker

  11. State lawsuit, Coinbase, Gemini

    The attorney general sued Coinbase Financial Markets and Gemini Titan in New York County Supreme Court over unlicensed gambling; both cases were removed to federal court.

    Source: DeFi Rate New York guide

  12. Regulator guidance

    The attorney general issued an industry alert about prediction markets, according to CBS Sports.

    Source: CBS Sports

  13. Operator lawsuit, Kalshi

    Kalshi sued the Gaming Commission and its commissioners in the Southern District of New York (No. 1:25-cv-08846), arguing federal preemption.

    Source: S.D.N.Y. opinion and order, KalshiEX v. Williams

  14. Cease-and-desist, Kalshi

    The State Gaming Commission ordered Kalshi to stop offering what it called an unlicensed mobile sports wagering platform.

    Source: S.D.N.Y. opinion and order, KalshiEX v. Williams

Laws and bills

  • ORACLE Act (A 9251 in the 2025 session; 2026 number not confirmed)PendingJan. 7, 2026

    ORACLE Act

    Assembly bill sponsored by Clyde Vanel, reintroduced in January 2026, that would bar contracts on single sporting events, elections, deaths, catastrophes and individual securities, with fines up to $1 million per day.

    Source: defirate.com

Court cases

Sources

  1. S.D.N.Y. opinion and order, KalshiEX v. Williams
  2. CBS Sports
  3. DeFi Rate New York guide
  4. DeFi Rate prediction market lawsuit tracker
  5. Second Circuit docket No. 26-1835 (Justia)
  6. Governor and Attorney General press release
  7. Ball Is Life / Derek Helling
  8. Bettors Insider
  9. New York AG verified petition
  10. Ohio et al. amicus brief, U.S. Supreme Court No. 26-299
  11. Sports betting status