A judge says New York City can test out letting people hail yellow cabs via their smartphones.

A Manhattan judge dismissed a lawsuit over the “e-hail” program Tuesday and lifted an order that temporarily stopped it.

The city Taxi and Limousine Commission agreed in December to test the idea for a year.

Livery cab owners sued. They say the program would violate a law that prohibits cab drivers from refusing passengers without justifiable grounds.

The judge says the e-hail plan might actually combat discrimination in selecting passengers, since drivers won’t be able to see their fares when accepting them.

Taxi Commissioner David Yassky calls the decision a victory for riders’ choice.

A lawyer for the livery cab owners, Randy Mastro, terms it fundamentally wrong and says they’re considering an appeal.

(AP)