Motion to Dismiss New Hampshire
The only issue raised by a motion to dismiss is whether "the allegations are reasonably susceptible of a construction that would permit recovery." Royer Foundry & Mach. Co. v. N.H. Grey Iron, Inc., 118 N.H. 649, 651, 392 A.2d 145 (1978).
The Court must assume the truth of all facts alleged in the plaintiff's pleadings and construe all reasonable inferences in the plaintiff's favor. Collectramatic, Inc. v. Kentucky Fried Chicken Corp., 127 N.H. 318, 499 A.2d 999 (1985).
A motion to dismiss for failure to state a cause of action will be granted where the plaintiff is not entitled to judgment upon any state of the facts pleaded in, or reasonably inferred from, the pleadings. Ferreira v. Bedford School District, 133 N.H. 785, 788, 584 A.2d 182 (1990).