The action of the Superintendent of Banks in granting permission to use the name is not conclusive. ( People ex rel. Columbia Chemical Co. v. O'Brien, 101 A.D. 296; Pansy Waist Co. v. Pansy Dress Co., 203 id. 585; Matter of Bank of Europe, supra; Matter of Albany City Savings Institution, supra.) New York Trust Co. v. New York County Trust Co. ( 125 Misc. 735; affd., 215 A.D. 699), relied on by defendant, was an application for an injunction pendente lite.
Thus it has been held that the name "Columbian Chemical Company" so nearly resembles the name "Columbia Chemical Company" that it is calculated to deceive. People ex rel. Columbia Chemical Co. v. O'Brien, 101 A.D. 296. This circumstance alone does not entitle the plaintiff to injunctive relief.