The daily fantasy sports website DraftKings is not going to let New York take it down without a fight. The company filed a brief Monday in response to an amended lawsuit against it from New York state Attorney General Eric Schneiderman, the Albany Times Union reported.

Schneiderman’s office filed an amended complaint Thursday asking DraftKings and its fellow daily fantasy sports company FanDuel to return all the money they have made in the state. The request came as the latest development in the companies’ battle with New York, as the state’s attorney general seeks to prevent the two companies from operating on his turf.

New York is not the only state to see daily fantasy sports as illegal gambling. FanDuel and DraftKings have been fighting similar battles in Nevada and Illinois.

DraftKings’ brief supports the motion to stay a preliminary injunction that would prevent the company from operating in New York while its case goes through the court system. In December, the fantasy sports companies got a reprieve when a judge ruled they would be allowed to keep operating until at least Jan. 4, Reuters reported.



The attorney for DraftKings, David Boies, said in a statement Monday that he believed the company’s appeal was strong because the outcome of daily fantasy sports “is controlled by the knowledge and skill of DFS players,” the Times Union reported.

“It is legal for skills-based contests to charge entry fees and award prizes to participating contestants,” Boies said. “A DFS player exercises ‘control and influence’ over whether they win a prize by their choice of a roster which is without a doubt a skills-based exercise.”

The case is currently in the appellate division of New York Supreme Court in Manhattan.


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