New York Daily Fantasy Sports Suit

In White v Cuomo, the New York courts were asked to decide whether New York’s Interactive Fantasy Sports law, which authorized and regulated daily fantasy sports games for the first time in New York, violates the New York Constitution’s ban on “gambling.” After a five-plus year journey through the New York courts that saw DFS initially declared unconstitutional, the New York Court of Appeals has now decided that DFS is predominately a game of skill that falls outside of the constitutional definition of gambling. The Legislature, therefore, acted well within its discretion to authorize DFS without a constitutional amendment, and the games may continue!

The Court of Appeals’ opinion is here.

On this page, I’ve collected all of the information from the case as it proceeded before Supreme Court (the trial level in NY), the Appellate Division (the intermediate appellate level), and finally the Court of Appeals (New York’s top court).  


New York Judge Denies State’s Motion to Dismiss Suit Challenging Constitutionality of New York’s DFS Law

New York DFS Lawsuit Update: Plaintiffs Seek Summary Judgment that DFS Law Violates New York’s Constitutional Ban on Gambling

NY DFS Suit: NY Judge Holds Daily Fantasy Sports Law Violates NY’s Constitutional Ban on Gambling, and the State Could Appeal Directly to the Court of Appeals Right Now

NY DFS Suit Update: State Appeals Order Declaring Daily Fantasy Sports Unconstitutional, Plaintiffs Seek Reargument

NY Daily Fantasy Sports Suit: State’s Opening Brief Makes a Strong Pitch that the Legislature Rationally Determined that DFS is Not “Gambling” Under the NY Constitution

NY Daily Fantasy Sports Suit: Plaintiffs Argue that a Rose is a Rose and DFS is Gambling, Notwithstanding the Legislature’s Attempt to Say Otherwise

New York Daily Fantasy Sports Suit: The Amici Bring an Interesting Twist to Whether DFS Violates the NY Constitution’s Ban on Gambling

New York Daily Fantasy Sports Suit: What Happens When an Amicus Isn’t Actually a Friend of the Court

New York Daily Fantasy Sports Suit: The Third Department Hears Oral Argument on Whether DFS is Prohibited Gambling

New York Daily Fantasy Sports Suit: Appellate Division, Third Department Holds the Entire Interactive Fantasy Sports Law Unconstitutional

New York Daily Fantasy Sports Suit: State’s Appeal as of Right to the Court of Appeals Lets the Games Continue, For Now

New York Daily Fantasy Sports Suit: Despite Outspoken Opposition at the Court of Appeals Oral Argument, DFS Isn’t Dead Yet

New York Daily Fantasy Sports Suit: Reargument at the Court of Appeals May Have Revealed a Fourth Vote to Preserve DFS’s Constitutionality

Daily Fantasy Sports are Constitutional in New York!

Interviews and Other Media

CAPITOL PRESSROOM (Nov. 26, 2019): Daily Fantasy Sports in NYS

CAPITOL PRESSROOM (Feb. 10, 2020): Legal challenges for daily fantasy sports

CAPITOL PRESSROOM (Mar. 23, 2022): State’s top court gives all clear to daily fantasy sports

Conduct Detrimental Podcast with Daniel Wallach E37: New York Fantasy Sports Lawsuit

Law Reviews

Rosborough, Does the New York Constitution Prohibit Daily Fantasy Sports? Two New York Courts Say So, But the New York Court of Appeals Will Soon Decide Once and For All, Gaming Law Review, May 2020, at 272-283 (Published PDF

Case Documents

Supreme Court, Albany County

Appellate Division, Third Department

Court of Appeals

%d bloggers like this: