In Hill v. Cartier, 258 A.D.2d 699 (3d Dept 1999), the code violation was an unguarded window next to a stairway. In analyzing the proximate cause issue, the Hill court stated: "Also, the jury could fairly conclude that the absence of any such protection or guard was a proximate cause of plaintiff's injuries in that such injuries were sustained as a result of plaintiff's arm going through the window and that defendant had notice of the conditions of the stairs and the area surrounding the stairs" (id. at 701).