A state appeals court struck down the bulk of a 2016 law that allowed interactive fantasy sports contests like FanDuel and DraftKings to operate in New York, writing that the daily contests could not be excluded from the state constitution’s meaning of gambling “merely because the Legislature now says that it is so.”

Thursday’s split ruling, in which four of five Appellate Division, Third Department panel justices voted in the majority, appears to put daily fantasy sports contest companies in danger of being ousted from New York, although an appeal of Thursday’s decision may be upcoming.