THE BRONX - A lawsuit has been filed against the owners of the Bronx building where a 9-year-old boy was allegedly thrown from the roof.

The family of Freddy Martin filed a civil case over roof access and safety at 1545 Nelson Ave., where they live. The boy's neighbor, 17-year-old Casmine Aska, is accused of tossing the boy down five stories to the sidewalk.

Martin is still in the hospital, but has woken from a coma and is no longer on a ventilator. Aska is facing attempted murder charges.