unlawful act or a lawful act performed in an unlawful man- ner.” N.Y. State Nat'l Org. for Women v. Terry, 886 F.2d 1839, 1361 (2d Cir.1989) (citing Ivancic v. Olmstead, 66 N.Y.2d 349, 352, 497 N.Y.S.2d 326, 488 N.E.2d 72 (1985)). To the extent that the Federal Plaintiffs sufficiently plead that Defen- da