NEW YORK - A judge has given the green light to a yellow cab e-hail program.

A lawsuit filed by livery cab drivers was dismissed Tuesday, paving the way for commuters to use their smartphones to hail a taxi.

Livery drivers argue that it violates a law prohibiting them from refusing passengers, but the judge said e-hail could actually help combat discrimination.

An attorney for the livery cabbies says he's considering an appeal.