Plaintiff's attempt to foreclose upon a mortgage in which he had no legal or equitable interest was without foundation in law or fact, and the IAS Court's dismissal of the foreclosure action pursuant to CPLR 3211 (a) (1) was, accordingly, appropriate ( see, Kluge v. Fugazy, 145 A.D.2d 537). Dismissal was also warranted by reason of plaintiff's failure to join the party to whom he assigned the mortgage and who, he concedes, possesses a security interest in the property ( see, CPLR 3211 [a] [10]).
We see no reason to disturb the court's imposition of sanctions upon plaintiff, an attorney, and his counsel, given the patently frivolous nature of plaintiff's foreclosure claim. Absent a conspicuous modification of existing law, the claim was clearly not viable ( see, 22 NYCRR 130-1.1 [c] [1]).
Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Andrias, JJ.