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Is Kalshi legal in New York?

New York is suing Kalshi and the CFTC is suing New York; Kalshi was still available in late October.

Is Kalshi legal in New York? It’s contested, but Kalshi was still offering sports contracts in New York in late October 2026. New York’s attorney general and governor have sued Kalshi, while the CFTC has sued New York and ordered Kalshi to keep operating. This guide sets out where things stand, as of October 28, 2026.

At a glance

Platform New York status (Oct 2026)
Kalshi Available as of late October 2026, amid litigation
Polymarket US Sued by the attorney general in September 2026; Polymarket countersued in federal court
Novig Suing New York in federal court since August 2026
Sportsbooks Legal and licensed online

What’s happened in New York

  • On April 24, 2026 the CFTC sued New York, arguing federal law gives it exclusive authority over these markets.
  • In early July 2026 a federal judge denied Kalshi a preliminary injunction against New York’s regulators; Kalshi has appealed to the Second Circuit.
  • On July 31, 2026 Attorney General Letitia James and Gov. Kathy Hochul sued Kalshi in state court, seeking to halt its operations and recover penalties.
  • On August 11, 2026 the CFTC used its emergency authority to order Kalshi to keep operating. None of these cases had been finally decided when we checked.

Sources, checked October 28, 2026:

Why it matters

New York licenses online sportsbooks and taxes them heavily, and its officials argue Kalshi is operating an unlicensed sports betting business. The national picture, including the split between federal appeals courts and New Jersey’s Supreme Court petition, is in Is Kalshi legal?

FAQ

Is Kalshi legal in New York?
Contested: New York is suing Kalshi, and the CFTC is suing New York. Check the Kalshi app for what’s available where you are.
Is Polymarket legal in New York?
Polymarket’s main exchange isn’t open to US residents. Check the Polymarket US app for what it offers in New York.

Related: Is Kalshi legal? · Are prediction markets gambling? · Gemini Predictions · All legal guides