While daily fantasy site DraftKings sits in limbo regarding the legality of its New York operations, the company appears to be subtly uprooting its base of operations within the state.

The company is making its 23,500-square foot, fifth-floor penthouse available for sublease, according to a report from Business Insider.

A DraftKings spokesperson said the company is still committed to its enterprises in New York despite the changes in office space, calling the decision to sublease the entire office a “business decision.”

The company, which is headquartered in Boston, previously attempted to sublease 10,000 square feet of its 400 Lafayette Street location back in November, according to The Real Deal. However, DraftKings later decided to pull back the offer and occupy that space itself.

The daily fantasy site is asking the sublease to pay $72 per square foot.

This all comes following a legal victory by New York Attorney General Eric Schneiderman. He won a ruling to ban both DraftKings and its competitor site, FanDuel, from operating in the state of New York while the original case remains unsettled.

An appellate court reversed this Dec. 11 decision later that same day, allowing the sites to continue their operations for the time being.

Schneiderman recently amended his lawsuit on New Year’s Day, demanding the two fantasy sites pay back millions of dollars collected from players residing in New York.

Meanwhile, FanDuel is staying put for now in its 41,000-square foot New York City space it leased back in September.

About Ben Sieck

Ben is a recent graduate of Butler University where he served as Managing Editor and Co-Editor-in-Chief for the Butler Collegian. He currently resides in Indianapolis.

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