According to the New York Daily News, the family of 9-year old Freddie Martin says the landlord did not properly monitor the top of the building.
The lawyer for the Bronx teenager accused of tossing the boy off the roof says it was "a tragic accident."
Seventeen-year-old Carmine Aska is charged with attempted murder, assault and other charges.
Attorney Kathryn Dyer said Aska did not intentionally push his neighbor Freddie from the roof.
According to the criminal complaint, Aska said, "On the roof i grabbed Freddie around the legs. His feet were off the ground. I turned around. I slipped and Freddie fell. I did not call 911. I did not tell my mother. I did not check to see if Freddie was ok. I did not hear the thud until I went into the apartment."
Dyer asked that her client be freed on his own recognizance or low bail.
Assistant District Attorney Dahlia Olsher Tannen said that despite his injuries, the victim was able to tell emergency medical technicians that Aska dragged him to the roof and threw him off.
The victim was discovered lying unconscious near the building in the Morris Heights neighborhood.
He fell into a coma at Columbia Presbyterian Hospital with severe injuries, but is recovering.
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