Lindsay Lohan Off the Hook in NY Hit-and-Run Case

10/22/2012 7:52 AM PDT

Lindsay Lohan will not be prosecuted for an alleged hit-and-run that went down in front of a NYC hotel back in September ... TMZ has learned.

Lohan had been scheduled to appear in court tomorrow stemming from her September 19 arrest for leaving the scene of an accident ... when she allegedly drove a Porsche into a bystander at The Dream Hotel.

Now ... after surveillance footage surfaced ... prosecutors decided there was not enough evidence to get a conviction so they've decided to drop the case against the actress.

The alleged victim can still pursue a civil case against Lohan -- if he chooses to go that route.

Sources tell us ... Lohan is "ecstatic" about the case being dismissed ... but still plans to go after her accuser for defamation.