Are prediction markets legal in New York?

By Vardan KhachatryanLast updated: Litigation tracker

Yes, for now. Prediction markets are legal in New York under federal rules, and no court order stops them. The state is fighting them hard. It has sued Kalshi, Polymarket US, Coinbase and Gemini as illegal gambling. A federal judge has sided with it once. Most apps still trade here.

Prediction markets in New York

12 of the 15 apps we rank are open here, and 9 offer sports contracts.

Apps restricted or contested
Kalshi, Polymarket US, DraftKings Predictions, Fanatics Markets, FanDuel Predicts, PrizePicks, Underdog Predict
Rulings and actions in New York
3 on record, listed in the timeline
Legal sports betting
Mobile since January 8, 2022, taxed at 51%
Minimum age
18 on most apps; 21 at New York sportsbooks
Federal appeals court
Second Circuit: has not ruled on the question
Last change
September 24, 2026

Each entry on this page links the ruling or report it rests on. Nothing here is legal advice.

Why prediction markets are legal in New York

Prediction market apps sell event contracts: yes-or-no questions that pay $1 if the answer is yes. The CFTC regulates the exchanges that list them.

That is federal oversight, so the apps hold no New York gaming license. They say only the CFTC can police their contracts.

New York rejects that. Its Gaming Commission, attorney general and governor all call the sports contracts unlicensed gambling, and they have gone to court.

So far the state has won one ruling and no orders. Nothing stops New Yorkers from trading today. Here is who offers what, and where the risks sit.

Which prediction market apps work in New York

Most apps we rank accept New York residents. Kalshi, Polymarket US, Gemini, OG, Robinhood, Coinbase, Webull, ProphetX and Novig list sports contracts here.

The sportsbook brands mostly hold back. DraftKings and FanDuel run licensed sportsbooks in New York, so their prediction apps skip sports here.

Underdog Predict, PrizePicks and Fanatics Markets offer no event contracts in New York. Interactive Brokers lists no sports anywhere.

The table lists each app in our ranking order, with its status here and a link to our review.

Every app we rank, in ranking order, and where it stands in New York.
AppStatus in New YorkMore
KalshiContested for all event contracts, with no restriction in forceIs Kalshi legal in New York?
Gemini PredictionsAvailable, sports includedGemini Predictions review
Polymarket USContested for all event contracts, with no restriction in forcePolymarket review
OGAvailable, sports includedOG review
Interactive BrokersAvailable; it lists no sports contracts anywhereInteractive Brokers review
RobinhoodAvailable, sports includedRobinhood review
ProphetXAvailable, sports includedProphetX review
CoinbaseAvailable, sports includedCoinbase review
WebullAvailable, sports includedWebull review
NovigAvailable, sports includedNovig review
DraftKings PredictionsAvailable, but not for sports contractsDraftKings Predictions review
Fanatics MarketsNot availableFanatics Markets review
FanDuel PredictsAvailable, but not for sports contractsFanDuel Predicts review
PrizePicksNot availablePrizePicks review
Underdog PredictNot availableUnderdog Predict review

Is Polymarket legal in New York?

Yes, for now, through Polymarket US. It runs on a CFTC-designated exchange and accepts New York residents, sports included.

New York wants that stopped. On September 24, 2026, the attorney general sued Polymarket US as an unlicensed gambling operation.

The petition mirrors the one against Kalshi. It targets sports, culture and election contracts, and seeks three times Polymarket's gains.

Polymarket US moved the case to federal court the same day. It also sued the state, asking a judge to declare its gambling laws preempted.

The international site, polymarket.com, is a different product and is close-only for Americans. Our Polymarket review covers the US app.

How a prediction market trade works

Every contract is a yes-or-no question. It pays $1 if the answer is yes and nothing if it is no.

The price is the crowd's odds. A contract at 60¢ means traders put the chance at about 60%.

Say the Yankees are 60¢ to win tonight on Kalshi. You buy 100 contracts for $60, plus a $1.68 fee.

If they win, you collect $100, a $38.32 profit. If they lose, you are out $61.68.

You can also sell before the result, at whatever the market pays then. New to this? Start with what prediction markets are.

What New York has said about prediction markets

New York's position fits in one line: a sports contract is a bet, and bets need a state license.

The Gaming Commission said so first. On October 24, 2025, it ordered Kalshi to stop running what it called an unlicensed mobile sports wagering platform.

Attorney General Letitia James has since sued four platforms. “Gambling by another name is still gambling,” she said in April, suing Coinbase and Gemini.

Governor Kathy Hochul joined the Polymarket and Kalshi announcements. “Nobody is above the law in our state,” she said of Polymarket.

Age runs through every filing. The state says these apps let 18- to 20-year-olds trade, below its betting age of 21.

The court cases that shape New York's rules

Three cases matter most, and all of them sit in federal court in Manhattan.

The first is Kalshi's own challenge. On July 7, 2026, a judge refused to block the state, ruling its gambling laws reach Kalshi's sports contracts.

Kalshi's appeal, No. 26-1835, is before the Second Circuit, alongside two Connecticut cases.

The second is the state's July 31 suit against Kalshi. Kalshi moved it to federal court, and New York wants it sent back.

The third is the federal government's. The United States and the CFTC sued New York on April 24, 2026. Their injunction request is still undecided.

New York's suits against Coinbase and Gemini were moved to federal court as well.

Other apps have sued New York too. Denying Novig emergency relief on August 11, Judge Colleen McMahon pointed straight at Kalshi's case.

Our page on whether Kalshi is legal in New York covers the Kalshi cases in full.

What New Yorkers can trade

Sports lead. Game, season and player markets cover the Yankees, Mets, Knicks, Nets, Rangers, Islanders, Sabres, Bills, Giants, Jets and Liberty.

Politics is close behind. Governor Kathy Hochul faces Republican Bruce Blakeman on November 3, 2026, and both Polymarket US and Kalshi list the race.

Weather trades daily. Kalshi lists the highest temperature in New York City each day, settled against The Weather Company's data.

Economics and crypto markets round it out.

The risks for New York traders

The law could shift quickly. A Second Circuit loss for Kalshi, or a win in the state's own suits, could close contracts here.

You can lose everything you put into a contract. A 90¢ favorite that loses pays nothing.

Taxes are unclear. New York taxes the profits as income, but how the IRS treats event contracts is not settled.

Trade only what you can afford to lose. Our responsible trading guide covers limits and where to get help.

What could change for New York traders

Four things could. The Second Circuit has Kalshi's appeal, and New York's brief is due October 30.

A federal judge could rule on the United States' request to block New York. That would reach every CFTC exchange at once.

Other judges must decide whether the state's suits go back to state court, where New York filed them.

Or the Supreme Court could settle it. New Jersey has asked it to, after the circuits split. A ruling there would apply in every state.

Our litigation tracker follows each of these cases.

New York prediction market timeline

Every change to prediction markets' standing in New York, newest first. Each entry links the ruling or filing behind it.

New York sued Polymarket US as unlicensed gambling. Polymarket US sued the state the same day. Source
The CFTC ordered Kalshi to keep operating normally, even if New York won a temporary order. Source
The attorney general and governor sued Kalshi to halt all its event contracts in New York. Source
A federal judge ruled New York's gambling law applies to Kalshi's sports contracts and refused to block it. Source
The United States and the CFTC sued New York over its enforcement against CFTC exchanges. Source
The attorney general sued Coinbase and Gemini, calling their prediction markets illegal gambling. Source
The Gaming Commission ordered Kalshi to stop offering what it called unlicensed mobile sports wagering. Source
Mobile sports betting launched in New York. Source

Prediction markets vs sports betting in New York

Sports betting is legal in New York for adults 21 and over. Nine licensed mobile apps take bets, including DraftKings, FanDuel, BetMGM and Fanatics.

The state takes 51% of their mobile revenue in tax. They cannot take bets on games involving New York college teams.

Gambling outside that system is barred by the state constitution, Article I, Section 9. New York's petitions cite it first.

Prediction markets sit outside that system. You trade against other people on an exchange, not against a sportsbook's odds.

The prices look alike, but the CFTC supervises the exchange, not the Gaming Commission. If a dispute comes up, complain to the app first, then to the CFTC.

How to choose a prediction market app in New York

Start with what you want to trade. Most apps cover sports. For politics, Polymarket US and Kalshi list the widest range.

Then compare fees. They vary more than prices do. Our fee comparison works out each app's cost on the same trade.

Weigh the legal exposure too. New York has sued four of these apps, and the same law reaches all of them.

Our app rankings score every app on the same six criteria. If you use Kalshi, read whether Kalshi is legal in New York first.

Prediction markets in New York: FAQ

Are prediction markets legal in New York?

Yes, for now. The apps are regulated by the CFTC and no court order stops them here. New York is suing several of them as unlicensed gambling.

Is Kalshi legal in New York?

Yes, for now. Kalshi trades statewide, sports included. A federal judge ruled in July 2026 that state gambling law reaches its sports contracts. Kalshi has appealed.

Is Polymarket legal in New York?

Polymarket US operates in New York under the CFTC. The state sued it on September 24, 2026, and Polymarket US sued back the same day.

Can I bet on sports in New York?

Yes, with a licensed sportsbook if you are 21 or over. Nine mobile apps hold licenses. Prediction market apps sell sports contracts separately, under federal rules.

How old do you have to be to use prediction markets in New York?

18 on most apps. Novig and Interactive Brokers require 21. New York says the apps should follow its sportsbook age of 21.

Why is New York suing prediction markets?

It says they run unlicensed gambling, skip its 51% sports betting tax and let 18- to 20-year-olds trade. It wants their contracts barred and three times their gains.

Do I pay tax on prediction market profits in New York?

Yes. New York taxes income at 4% to 10.9%, and New York City residents pay 3.078% to 3.876% on top. How the IRS treats event contracts is not settled, so ask a tax adviser.

Is this legal advice?

No. It summarizes public rulings and filings, each cited. For a decision that matters, ask a lawyer licensed in New York.

Sources

  1. S.D.N.Y.: KalshiEX LLC v. Williams, opinion and order (Jul 7, 2026)
  2. Second Circuit: KalshiEX LLC v. Williams, No. 26-1835, docket
  3. New York Gaming Commission cease-and-desist letter to Kalshi (Oct 24, 2025)
  4. New York Attorney General: New York has sued Kalshi (Jul 31, 2026)
  5. People v. KalshiEX LLC: the petition
  6. New York Attorney General: lawsuit against Polymarket (Sep 24, 2026)
  7. People v. Polymarket US: the petition
  8. QCX LLC v. James, No. 1:26-cv-08345 (S.D.N.Y.), docket
  9. New York Attorney General: lawsuits against Coinbase and Gemini (Apr 21, 2026)
  10. United States v. New York, No. 1:26-cv-03404 (S.D.N.Y.), docket
  11. Ludlow Exchange v. James: order denying a temporary restraining order (Aug 11, 2026)
  12. New York Gaming Commission: sports wagering
  13. New York Gaming Commission: mobile sports betting, a first-year review
  14. New York State tax rates: IT-201 instructions
  15. Kalshi: New York governor market
  16. Kalshi: highest temperature in NYC
  17. Kalshi fee schedule
  18. Sixth Circuit: KalshiEX v. Schuler, No. 26-3196 (Sep 25, 2026)
  19. CFTC: tips and complaints
  20. Kalshi letter to the Second Circuit on the CFTC's emergency order (Aug 12, 2026)

18+. Event contracts can lose their entire value. Nothing here is financial or legal advice. Trading responsibly.