time before the entry of a final judgment in the sound discretion of the court in the interest of justice.” R. 4:42-2. Even if we were to assume that Bender’s attempt to raise the “common knowledge” doctrine in response to the second motion to dismiss was the equivalent of a motion for reconsidera tion of an interlocutory order, we would conclude that the interests of justice warranted an exercise of discretion to address the claim on its merits. Absent extraordinary circumstances, a dismissal based on failure to comply with the affidavit of merit statute terminates the litigation. See N.J.S.A. 2A:53A-29 (noting that failure to comply with the affidavit of merit statute shall be deemed a failure to state a claim); Alan J. Cornblatt, P.A. v. Barow, 153 N.J. 218, 247, 708 A.2d 401 (1998) (<HOLDING>). A dismissal for failure to provide an
holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice holding plaintiffs failure to comply with section 2622 requires dismissal in federal court holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice holding that dismissal for failure to comply with discovery orders is on the merits holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order