In Zulli v. Halleran (198 AD2d 347, 603 NYS2d 878 [1993]), plaintiff tow truck operator was injured when he was struck by a vehicle while removing debris from the scene of an accident which occurred 45 minutes earlier. The Appellate Division held, in dismissing cross claims against a driver and owner involved in the original accident, that: "The first accident . . . had occurred approximately 45 minutes earlier, and was not a proximate cause or legal cause of the plaintiff tow truck operator's injuries, but merely furnished the condition for the event's occurrence" (Zulli v. Halleran, 198 AD2d 347, 348, 603 NYS2d 878 1993).