After an unexpectedly lengthy hearing in the New York Supreme Court, the daily fantasy industry will have to wait another one to two weeks for a ruling on whether it will be allowed to stay open in the state. The Wednesday hearing covered whether or not to grant New York Attorney General Eric Schneiderman his request for a preliminary injunction against DraftKings, FanDuel and daily fantasy regarding its short-term status (whether or not it could keep operating until a wider court case is resolved). A largely emotionless New York Supreme Court Justice Manuel Mendez closed by holding his decision, but adding:

“You will get my decision. It will come very soon.”

The hearing, which began a few minutes after noon, had what observers described as an expressionless judge. Justice Mendez didn’t ask a single question during the opening argument from the attorney general’s office. And he took time before saying anything to FanDuel’s representative (who went second). He said:

FanDuel’s legal counsel reiterated that the “dominating element” in daily fantasy sports is skill (as players need to be skilled to choose the best lineup).

Following a one hour recess, the hearing resumed. DraftKings’ highly respected attorneys, David Boies and Randy Mastro, both put together compelling arguments. Boies ended by hammering on the impact that a preliminary injunction would have on daily fantasy in New York, as well as the “extraordinary nature” of granting one.

In the rebuttal period, the attorney general’s office compared daily fantasy to “prop bets,” before advocating for a preliminary injunction since the “harm to New York citizens is increasing with each additional day.” The massive advertising spree that both DraftKings and FanDuel engaged in was brought up.

Justice Mendez asked a question during the rebuttal from attorney general’s office:

The response revolved around the distinction in heavily increased entry fees with daily fantasy. And in the rebuttal from FanDuel’s attorney, a strong effort was made to shoot down the argument that daily fantasy causes social harm, pointing out that New York sponsors a statewide lottery.

Boies’ rebuttal touched on three major points designed to illustrate daily fantasy as legitimate in Mendez’s mind:

He also reiterated that it would be a mistake to ban daily fantasy before it’s had its proper day in court.

Stay tuned, as the decision on the preliminary injunction will have major implications for the embattled daily fantasy industry in one of its most important states.

Bonus: Michael McCann wins.