'Grinch' will stay on Broadway

Jujamcyn won't appeal judge's injunction

By SAM THIELMAN

"The Grinch" can breathe easy and start carving the roast beast: Jujamcyn Theaters has agreed not to appeal judge Helen Freedman's injunction, thus cementing the furry green Scrooge's place on Broadway for the remainder of its run.

"Dr. Seuss' How the Grinch Stole Christmas! The Musical" returned to theaters on Friday, grossing over a million dollars in the remaining three days of the usually lucrative Thanksgiving frame. The show played 11 perfs between Friday and Sunday, and will resume its regular 15-perf sked this week. It's one of only nine shows still running on the Rialto.

Theater owners Jujamcyn locked Local One stagehands out of "The Grinch's" St. James Theater when the stagehands struck 27 Broadway shows, including four in Jujamcyn theaters. Since "The Grinch" negotiated a separate contract with the union, however, its producers argued that their show shouldn't be hurt in a fight that wasn't theirs.

Judge Freedman agreed, and the appeal, originally scheduled for Tuesday morning, has been canceled. The show has resumed its regular performance schedule and will continue until Jan. 6, when its limited run is slated to end.