DraftKings has launched its appeal against New York Attorney General Eric Schneiderman’s attempt to push daily fantasy sports (DFS) operators from the state, claiming that its products are games of skill and therefore legal.

In a filing to the Appellate Division of New York’s Supreme Court, the operator compared DFS contests to horse racing, saying that players compete based on their selected team, just as a horse owner competes based on the performance of their horse and jockey. In each case, it says, the individual has no control over the outcome of the sporting event.

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