DAILY FANTASY SITES FIGHTING BACK — IS IT TOO LATE?

By Harry Allison

That noise you are hearing is FanDuel and DraftKings sucking wind.

Fighting for their lives in New York, DraftKings and FanDuel have filed separate lawsuits against state’s attorney general and are asking the state Supreme Court to save their businesses.

Today’s moves come in response to the attorney general’s decision this week to demand that the companies stop accepting “bets” in the state after classifying them their product as illegal gambling.

On Tuesday, New York Attorney General Eric Schneiderman gave the companies five days to respond before initiating legal proceedings against them in an attempt to shut them down. Both companies now have struck back at him in the state Supreme Court.

“Today, we have taken decisive legal action to prevent a unilateral, misinformed and legally misguided attempt by the New York Attorney General to act as judge, jury and executioner for daily fantasy sports in New York,” DraftKings said in statement. “We are asking the New York Supreme Court to rule that the Attorney General’s cease-and-desist letter is unconstitutional, an abuse of discretion, and simply wrong. We are confident in our legal position and intend to continue to fight to preserve the right of the over 500,000 New York consumers to play the fantasy sports games they love.”

DraftKings’ says that Schneiderman’s office has been contacting the company’s payment processors and told them to stop immediately processing payments for the company.

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