Are prediction markets legal in New York?

New York has sued both Kalshi (July 2026) and Polymarket US (September 2026), calling prediction markets 'gambling platforms, plain and simple.' The CFTC has sued New York and ordered Kalshi to keep operating there. Every platform remains available while the cases play out.

Prediction markets are available in New York but face one of the biggest legal fights in the country. As of October 17, 2026, New York is suing both Kalshi and Polymarket US. The CFTC is suing New York, and has used emergency powers to keep Kalshi operating. Novig is suing the state too. Nothing has yet forced a platform out of New York.

New York’s position

New York allows mobile sports wagering through licensees of the New York State Gaming Commission, and state law says “a person placing a wager shall be at least twenty-one years of age.” In October 2025 the Gaming Commission demanded that Kalshi cease “their ongoing operation of an unlicensed mobile sports wagering platform.” Announcing the state’s lawsuit against Kalshi on July 31, 2026, the Governor’s office said: “No matter what they call themselves, prediction markets like Kalshi are gambling platforms, plain and simple.” It also noted that Kalshi’s markets “are also available to users between the ages of 18-20.”

The court fights

• Kalshi v. the Gaming Commission: a federal court in Manhattan refused to block the Commission. Kalshi’s appeal is pending at the Second Circuit (No. 26-1835), where the CFTC filed a supporting brief in September 2026.
• New York v. Kalshi: filed July 31, 2026 in state court. Kalshi moved it to federal court, and the state wants it sent back.
• CFTC v. New York: the CFTC sued the state on April 24, 2026, and on August 11 ordered Kalshi to keep operating: “New York has no business regulating these interstate financial markets.”
• New York v. Polymarket US: filed September 24, 2026. Polymarket moved it to federal court the same day, countersued, and asked for a preliminary injunction on October 12.
• Novig v. New York: Novig sued the Attorney General and Gaming Commission in federal court in August 2026. No ruling yet.

New York also signed the October 2026 multistate brief asking the Supreme Court to side with New Jersey against Kalshi. See is Kalshi legal? and is Polymarket legal?

Other platforms

We found no New York action against PredictIt or Robinhood. DraftKings and FanDuel don’t offer sports contracts in New York, where they run licensed sportsbooks. Compare every state in our legality tracker.

Not legal or betting advice. 18+ (21+ where required). Prediction markets involve risk of loss — only trade what you can afford to lose. Gambling problem? Call or text 1-800-MY-RESET (National Problem Gambling Helpline, 24/7).