On Sunday, a 31-year-old father of three died after falling out of his fifth floor Upper East Side apartment window. Now it turns out that the apartment didn't have window guards, which are required when there are children under the age of 10 in the home.

Keith Mastronardi, a derivatives traders on Wall Street,was described as "drinking heavily" in the Wall Street Journal. His mother told the Post that Mastronardi had two martinis and then wanted a smoke, "so he cracked open a waist-high window, she added, so that the fumes wouldn't bother his wife and 11-week old daughter, who were also in the bedroom." She said, "[His wife] Debra turned to Madison and looked back, and he was gone. She heard a thud, the bang, and went to look out the windows and saw him there."

Mastronardi, a Long Island native who was a high school and college track star, and his wife were supposed to close on a home in Oyster Bay today. The Department of Housing Preservation and Development is now going to inspect all the apartments at the building, 340 East 74th Street, to check the window guard situation. Here's more info on the city's Window Fall Prevention program; 340 East 74th is described as a co-op, which means the building's management must install guards.