The case, filed in a Pennsylvania state court five days before the revival opened on Broadway, was originally dismissed.
The revival opened March 9, 1982, and was an overnight sensation, running for nearly four years and breaking all box office records.
The revival, now in previews, opens next Sunday.
The first revival opened at the Forrest Theatre on October 9, 1942 and ran for 28 performances.
The second revival opened at the Lyceum Theatre on October 16, 1969.
The most recent revival of this play is opening November 3, 2010 in New York City.
The evening's revival was "Opening the Gate," which dates from 1993.
The revival opened in 1965 and was directed by Peter Coe.
Mr. Hickey, on the other hand, has grown into a new assurance since the revival opened last spring.
When this highly topical revival opened in September, it wobbled with the uncertainty that comes from too short a rehearsal period.